Yes they can ( a possible constractive possession issue) and yes, you need to discuss the particulars with a good criminal counsel in KY at least briefly.
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You need to hire a criminal defense attorney ASAP to check on this. Let your attorney contact the police and see about the release of your seized property. Get counsel now!
I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..