OUlawstudent
Junior Member
What is the name of your state (only U.S. law)? Oklahoma
First off this doesn't have to do with me (this is for a friend, I'm just in law school).
The person charged was a sub letter in a home, there was no written lease agreement, and had come to live with the people through an online listing, prior to the date he had already obtained an agreement to move out of the premise.
The defendant was the sole person in the home, police knocked on the door and detained the defendant on reasonable suspicion that marijuana inside the home. He was informed that he was a suspect and upon question, without Miranda Rights being read, The defendant made statements (that I believe will be inadmissible in court) that his roommates engaged in consuming marijuana, and had recently left to go see a movie. He stated that he personally did not consume marijuana, and that he was unsure if he was in the room at the time the marijuana was consumed. He provided knowledge but denied ownership of where various paraphernalia and controlled substances may be. Police conducted a search.
During the search, all but one of the other occupants returned home of the home returned, stated that the movie was sold out. The other occupants made statements to police that the defendant did not own the items that were seized, the other occupants admitted ownership of some of the items but not all of them.
The dependent was charged with possession of paraphernalia, while the other occupants were charged with either possession of marijuana, or possession of marijuana with intent, no one but the defendant was charged with possession of paraphernalia.
Through my own search, I believe the matter is wither or not the defendant had the power to control. What do you think?
First off this doesn't have to do with me (this is for a friend, I'm just in law school).
The person charged was a sub letter in a home, there was no written lease agreement, and had come to live with the people through an online listing, prior to the date he had already obtained an agreement to move out of the premise.
The defendant was the sole person in the home, police knocked on the door and detained the defendant on reasonable suspicion that marijuana inside the home. He was informed that he was a suspect and upon question, without Miranda Rights being read, The defendant made statements (that I believe will be inadmissible in court) that his roommates engaged in consuming marijuana, and had recently left to go see a movie. He stated that he personally did not consume marijuana, and that he was unsure if he was in the room at the time the marijuana was consumed. He provided knowledge but denied ownership of where various paraphernalia and controlled substances may be. Police conducted a search.
During the search, all but one of the other occupants returned home of the home returned, stated that the movie was sold out. The other occupants made statements to police that the defendant did not own the items that were seized, the other occupants admitted ownership of some of the items but not all of them.
The dependent was charged with possession of paraphernalia, while the other occupants were charged with either possession of marijuana, or possession of marijuana with intent, no one but the defendant was charged with possession of paraphernalia.
Through my own search, I believe the matter is wither or not the defendant had the power to control. What do you think?