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at the wrong place at the wrong time

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K

k. tacker

Guest
my girlfriend was hired to stay with a lady overnight and to clean the house. location being in the country I went with her. the lady's husband left out of town. I was given permission to hunt on their property. the following morning this house was raided for suspected meth lab. I was in the back feild on an atv, hunting, my girlfriend was inside and the lady was asleep. No lab was found and as i arrived back I was chased and ran over by the cops. I had nothing illegal on me nor was I around anything illegal, the grounds were searched completely even air patrol. the lady's husband was said to be in the woods with me but he was not home. I did not live at this residence nor did my girlfriend. drugs were not found on us and we were tested and were not under any influences. found in the owners bedroom was a baggy with meth residue and on the headboard of thier bed was 12 xanax pills in which the lady had a Rx for the lady was asleep in this bedroom. I along with the owner have been charged with posession of meth, for the baggy found in thier bedroom and posession of a controlled substance for the xanax in thier room. all the cops know there was no meth lab when they arrived and no crime was happening I had several guns, all legal, there and none were seized. My girlfriend was arrested on a warrant for probation violation on an unrelated incident. the lady and my girlfriend were not charged. the owner was not even there. but he and I were charged how is this possible I didn't even live there what can I do?
 


L

lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Exactly what you said: wrong place at wrong time. You see, if the police had a warrant which was lawful or had belief it was lawful (the suspected meth lab), and they came on to serve warrant and search and seize, then they were lawfully there. They had the right to determine who you were.

The only way it may be construed as unlawful is if the warrant was only for the house and if you were in the woods, they had no right to go there if it was private property, not an open field, kept separated from public, etc.
 

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