For example, Person #1 brutally attacks someone because he had been smoking meth which he had bought that day. Upon getting a warrant to search the man's computer to see where/who he bought the meth from (Person #2), they find out that a Person #3 sold him marijuana the previous month. Can person #3 be charged with a crime here, even though the warrant would have been issued to the police to find the source of the meth?
Criminal Defense Attorney
I wonder what legal basis the police had to get a valid search warrant. And, what physical evidence they would have to support this alleged hearsay sale of weed? I don't see how they can charge him with possession or delivery of marihuana absent some physical evidence linking him to this alleged transaction. Possession means exercising care, custody and control. From your example, the police did not find any marihuana, so how are they going to prove possession or delivery? They can't.
1 found this helpful
sounds like a law school type question.
This is AVVO, a place for users to obtain general legal information to general legal questions. I am glad to help you in any way I can, within those limits. I wish to make clear I am only communicating with you for the sole purpose of exchanging such general information, and nothing more. It is not legal advice, which I can not provide because among other reasons I know few of the necessary details of your situation. I do not purport to represent you in any way, shape or form. Of course, if you would like to seek out my services, and if you are a NY resident, I will probably not put up very much resistance but representation would still necessitate a signed retainer agreement between yourself and I. Thank you.
Violent Crime Lawyer
Yes. If it is a valid search warrant. Persons #1, #2 and #3 need all need lawyers. Here is wehre to find local lawyers: http://www.nacdl.org/impak/cms/members_online/members/findalawyer.asp
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