Drug Crimes, Substance Abuse Texas. Home invasion + cops find drugs in house afterwards.

[Ganderson]

I was at my friends house Friday night and a couple of men came into his house with guns. The police were called, only two were caught. After the questioning of all the witness' my friend had opened his safe and voluntarily gave up a bong, scale, baggies, very small PERSONAL amounts of: Cannabis, cocaine, molly, Valium, fentanyl patches (some form of opiates) and mushrooms.
After all the questioning at the house, he was ASKED to come the police station for more questioning and to identify the robbers. At no time was he arrested or questioned about the drugs. He went home after the questioning and said they were gonna contact him this Monday.
My question is, since he was the victim in the situation that the police came for (the house invasion) and he voluntarily gave up everything. Can he be charged with the possession of the drugs?

Thanks for the help!

 

[sexysadie]

Of course he can be charged. Since he voluntarily gave them to the cops, he admitted guilt and posession. He should not have given them anything.

 

[CdwJava]

Ah, yes ... people involved in dope activity getting jacked for their dope or money than calling the cops ... it can be almost humorous how often that sort of thing actually does come to pass.

One of the first questions the police ask is "Why?" WHY would armed me enter the home? What were they looking for? How would they know it was here? Very often the victim claims not to have a clue, yet the police can look around them and can usually come up with a very good idea of what goes on based upon the "look" and "feel" of the residence. The cops likely suspected what was up, and may have even been tipped off by the robbers themselves ... "We were trying to get his stash, man ..." or, the very common, "He owed us some money ..." which we know to mean, "we sold him some dope and he has not paid us for it, yet."

If your friend is in the drug trade, he has to make some hard choices - not the least of which is whether or not to call the cops if he gets jacked. All because he was a victim does NOT mean he cannot also be a suspect in a separate matter.

Oh, and if someone has an indoor marijuana grow or a meth lab, do NOT have a burglar alarm! If the cops make entry based upon the alarm, guess what they are going to find? (Oh, and I have had both of those happen to me ... talk about your "Oh, poop!" moments when you realize that the end of shift is now another 4-8 hours away!)

 

[army judge]

Not only "can" he be charged, inevitably he will be charged!

This is, after all my beloved state, Texas.

Dope and dope dealers are dealt with severely in Texas.

I can hear it now, "Officer, I want to report a robbery. They done stole all my meth, weed, crack, etc..."

I know I chose the right profession, every time I read things like this.
Sure, I could have been a police officer, but why?
Lawyers write the laws, the police only enforce them.
This legal gig has been very, very, very good to me.
Please, Mr. Obama, or any other politician, don't ever get any bright ideas about national legal insurance.
Us lawyers are doing just fine the way it is!

 

[bluemann33]

I was at my friends house Friday night and a couple of men came into his house with guns. The police were called, only two were caught. After the questioning of all the witness' my friend had opened his safe and voluntarily gave up a bong, scale, baggies, very small PERSONAL amounts of: Cannabis, cocaine, molly, Valium, fentanyl patches (some form of opiates) and mushrooms.
After all the questioning at the house, he was ASKED to come the police station for more questioning and to identify the robbers. At no time was he arrested or questioned about the drugs. He went home after the questioning and said they were gonna contact him this Monday.
My question is, since he was the victim in the situation that the police came for (the house invasion) and he voluntarily gave up everything. Can he be charged with the possession of the drugs?

Thanks for the help!

So he just opened up the safe and said here you go???also all drugs are bad but man fentanyl is 100 times stronger than moraphine and will likely cause death to someone who is not opiate tolerant. Very dangerous stuff, hope to god he was not selling that stuff to someone. scales and baggies and so many different types of drugs will hardly be viewd as personal use.