Can the owner of a household be penalized if a resident has drugs?

Question

Can the police do anything to the other members of the household?

Jacob P. Sartz · Answer

Yes, under accomplice theories or other types of charges such as maintaining a drug house, property owners may be charged for the alleged narcotic activities of their residents.

Jared Austin · Answer

They could possibly under an accessory or conspiracy theory if the owner knew and was helping them somehow. Other than that, probably not.

Leonard Harden · Answer

The police can charge you if you are aware and or  assisted the person In using drugs.  All crimes require an intent and if you are unaware the resident has the drugs or it is impossible for police to prove you knew the drugs were present, then you should have a good defense.  It is unlikely that the police will charge other members of the household.  If you have other questions do not hesitate to contact me.  The details can often determine the outcome and whether someone will be charged.

Jules N. Fiani · Answer

Generally not.

Michael Morgan · Answer

Yes if it is your home and you knew about the drugs then you can have criminal liability.

Stephen Freeborn · Answer

Absolutely, especially if the owner knows and does nothing. this is especially true if the person is manufacturing or selling out of the home. The owner could run the risk of a forfeiture action, or the house could even be condemned if it is being used to manufacture, especially methamphetamines.

Eric Sterkenburg · Answer

If the police find drugs in a house they have to prove that they were in possession and control of the person they want to charge. This includes anyone in the house and the owner. If they believe that the house was a drug house then they could cease the house.

Andrew Subin · Answer

If the owner knows about it, possibly.  If the owner of the house is totally innocent and unaware of what's going on, he or she will probably not get in trouble.

Craig Elhart · Answer

If it can be proven that the owner knew of the existance of the drugs in the home, the owner could be charged too.

Roianne Houlton Conner · Answer

If the home is located in a public housing project then the owner can be kicked out of the apartment.  If the police believe that the home owner is participating in the drug activity then they can be criminally charged with possession.

Eric Schurman · Answer

If the owner allowed drug use on his premises, he can be criminally liable.

Joseph Katz · Answer

I cannot categorically say that the owner cannot, or will not, be "penalized" (do you mean charged with a crime?) if a resident has drugs. Obviously, it depends upon the specific circumstances of this situation. Two people can surely be charged with possession of the same narcotics. On the other hand, if the drugs were your resident's, then you should not cave in to any plea bargain, or even accept Drug Diversion (PC 1000), just because you are eligible. Make the District Attorney prove it!

Paul J. Wallin · Answer

Only if the DA can prove you knew about the existence of the drugs and you took some sort of legal "control over them".

Michael Maltby · Answer

I would need more facts. I would say generally no, but if the house is used to sell drugs out of or to manufacture drugs the owner may have problems especially if they had any knowledge or perhaps encouraged these events.

Thomas Tomko · Answer

A homeowner can be an accessory to a possession charge, and could be charged as maintaining a drug house if drugs and knowing stored or sold from the home. These are examples, and I am sure that there are other potential charges. I hope that this was helpful.

Robert Watkins · Answer

They can all be charged with possession of the same quantity of drugs if they have knowledge and mutual access.

Michael D. Fluke · Answer

Any crime that you could be charged with as the owner of the home would necessarily involve the State proving knowledge on your part.  I suggest you consult an experienced Criminal Defense attorney to discuss your case in greater detail and learn all of your rights and options.

Loren M. Dickstein · Answer

The other members of the household can be arrested and charged with possession as well. The question is whether they can be convicted beyond a reasonable doubt. If another member of the household is charged, will they accept a plea bargain to make the case go away with a good settlement or will he or she stand up and take the case to trial. With a court appointed attorney, probably he or she will be manipulated into a plea. If the owner has knowledge of the drugs, he or she is just as in possession as the tenant who is physically holding the drugs.

Jeff Yeh · Answer

Technically no, but possession is often ambiguous, so just being in the same place is trouble.

Michael J. Breczinski · Answer

It depends. If they can show that you knew about it and let the drugs be there then you could possibly get in trouble on an aiding and abetting theory.

Terry Nelson · Answer

Yes.  Asset forfeiture laws could be used to seize the house or cars involved, criminal conspiracy charges could be brought against everyone involved.

Jason Savela · Answer

Usually, if there is no connection between the drugs and the others in the house, only the one with drugs will face consequences.  But, if the drugs are in a common room and they cannot figure whose they are, all can be charged.    At trial, the prosecutor has to prove beyond a reasonable doubt that you are connected with the drugs - that you knew they were there and you knew what they were and that you had possession or control over them.  This can be tough to do.

James Schoenberger · Answer

In Washington the crime of unlawful possession of a controlled substance does not require either intent or knowledge, therefore the owner of a residence can be charged even if a guest brings drugs to the residence and the owner is unaware. If so charged, the defendant must use the defense of "unwitting possession".

Jared Altman · Answer

Yes. The police can claim that they possessed it as well.

Michael L. Aaronson · Answer

The law is clear that others who are charged with drugs must have actual care control custody or management to be found guilty.

Maureen Baldwin · Answer

It depends. Drug possession means that a person has the right to control the drugs. That means if you do not have the drugs on your person, but the drugs are in the nightstand or dresser in your bedroom and you are the only occupant, those drugs are likely in your possession. Things become more problematic if drugs are in a part of the house where everyone has accessliving room, kitchen, bathroom, laundryroom, garage, etc. When drugs are found in a common area, there is a larger pool of "suspects", expecially if everyone in the houseuses drugs.

Raymond Dague · Answer

Strictly speaking, drugs belonging to your roommate are his problem and not yours.  But this assumes of course that the police believe you when you say the drugs are his and not yours.  And therein lies the rub.  If you have a roommate who has drugs in the house, you are running the risk in the event of a bust that the cynical police might not believe your protestations that they are his drugs and not yours.  And of course your roommate might say that they are yours and not his.  So who will the cops, or the jury believe? Personally I'd find another roommate or another place to live.

Eric Rothstein · Answer

If the drugs are in plain view when the police arrive, anyone in that room will likely get arrested. The police may even arrest everyone in the house.

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Can the owner of a household be penalized if a resident has drugs?

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