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Possible Drug Charges? Not sure on this one.

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Junior Member
I live in Michigan. Recently I had an argument with a neighboor. During the argument the neighbor claimed she had a picture of me selling marijuana in the parking lot of my aparment complex that is about six months old. She threatned to take this to the police. Since then I have quit doing drugs and don't sell them either. I was only selling it to a friend because I had some extra and he needed some. Would the police have a case on just a picture from far away? They wouldn't have any drugs seized and wouldn't have any other evidence than that. Also I have had a drug charge in the past. It was possesion of marijuana with intent to deliver. I was only 17 at the time and got automatic probation because it was my first offense. Is this something I should be worried about? If so what should I do if she takes the picture to the police? How much time would I be facing? I would like some relief here if you could reply asap.
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Senior Member
Instead of pictures, she should have gotten video, and acted upon it immediately. Since you're not doing it now, probably not much they can do to you.

However, what she should do is take the picture to the management of the apartment complex. They... can have you and your family evicted for dealing drugs in their complex.


Senior Member
Even with a video, you would not be charged criminally. The apartment's manager could probably use the photo's to evict you, but would be taking on some risk and probably won't.


Senior Member
In Michigan, it is a felony to observe, photograph, videotape or eavesdrop on a person in a private place without that person's consent. What is interesting is how some courts in Michigan have defined "private place."

Under 750.539d, a private place is defined as one where a person may reasonably expect to be safe from intrusion or surveillance, and this does not generally apply to any place where there is public access. However, courts have actually looked at whether the parties involved intended or reasonably expected that their conversations or actions be private. It is this determination, then, that may make it a felony to photograph a person even in a public place.

And videotaping with sound would not be legal without the consent of at least one of the parties involved.

The problem of course is that jib229, while probably being able to show rather convincingly that he intended or reasonably expected his activity in an otherwise public place be kept private, the revealing of why this was so would be more damaging to him than the existence of the photo.

A photo alone would not be proof that it was an illegal drug pictured nor would it be proof that an illegal drug was sold. The neighbor really cannot do much with the photo except try to threaten you with its existence, or cast some suspicion on your activities (which could actually backfire on her with a defamation action, if she cannot prove the truth of any allegations she may make about you and drug selling).

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