Criminal Law Questions? Ask a Criminal Lawyer.
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The police cannot just enter your home without a Search Warrant. The warrant must be signed by a judge and the officers need to show the judge they had reasonable cause to believe there is evidence of a crime in your home.
If you are not there, it will be hard to prove you knew this unless it is in private areas of the apartment used only to you. Again, they would have to prove this.
If there was no Warrant, you can challenge this in court.
If the other person is saying the drugs belong to them, that can help in the court case.
The police need to prove everything. You should not say anything to them. You have a right to remain silent. You need an attorney to help you.
They can charge you because it is your home. However, they need to prove you had knowledge that the drugs were there.
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