I'm on probation , and was asleep on a friend's couch in his mother's building, and the cops walk in, cuff me, and take me outside the building. The cop walks back into the building, and comes rt back out to me holding a cut straw, a tiny amount of residue they supposedly tested , came back positive for methamphetamine.
If the meth residue was found near you or where you were sleeping its called "constructive possession." Constructive possession means you possessed it because it was in your immediate area of control. The scenario that usually has "constructive possession" if a traffic stop and the police find a few keys of cocaine on the passenger's side floorboard with both the driver and passenger saying it was not theirs. Answer to that riddle: charge both the driver since its his car and he is close proximity to the cocaine and charge the passenger as well for being right next to it.
It may seem unfair but police officers routinely charge drug possession crimes even if the amount found was residual. However, it is illegal to possesses any amount of meth or cocaine or heroin etc, if they have enough to field test it and send it to the lab they will charge you.
Since you were on probation your privacy rights are diminished. Your person can be searched at any time for any reason without a warrant. Same goes for wherever you're staying.
Hire or get a court appointed attorney. You may have a case if the police did not have enough residue to send to the crime lab.
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