Anonymous asked in Politics & GovernmentLaw & Ethics · 1 decade ago

My step-brother moved in with me, I found drugs of his, Can he be arrested? Please help!!?

My situation is a little complicated. Any input from former cops, current cops, any1 in the legal system, or just ne1 thats knowledged in this would be so helpful! 2 Months ago, I picked my brother up from Indiana because he was homeless. He is now 25. I live with my dad, my boyfriend, and my 6 month old baby. All his life, my brother has been troublesome. Since we live in a little apartment, we moved him in our living room with a double size blow up mattress. While he was at work, we searched his area, and found a cocaine baggy with residue in it, a bag of marijuana, and some sticks and stems. I took it and hid it in my dad's room. Because of this, I had to move out with my b/f and newborn because I do not want him exposed to drugs. I am only 20 so I really have no clue what to do. Today, I took his cell phone, which is really my dads, because my dads name is on the bill, b/c my brother keeps racking up 411 charges and overage charges, which we cannot afford to pay. So I took it, so he can't keep racking up charges. So he called the cops on me. Now I want to call the cops on him for the drugs. What will happen if I call the cops on my brother for the drugs that we found. Will the cops arrest him? or will my dad get in trouble b/c it is his apartment? I want him to go jail and sit there n rot, b/c noone will bail him out. We bailed him out too many times. THe point is, I moved out of my own house due to him, and I have a newborn....I want him to go to jail, but dont' want my dad to get in trouble. What should I do?

8 Answers

  • 1 decade ago
    Favorite Answer

    Legally, the owner of the premises has a potential problem if the cops find drugs in the premises regardless of whose drugs they really are. Realistically, the cops will figure out pretty quick whose drugs they are and focus their efforts on that person. But I can't promise you that your dad is 100% risk-free.

    I feel really bad for your situation. You wanted to help your brother out because of love and family loyalty, and now you find yourself and the rest of your family in danger because of his risky behavior.

    Moving out and taking your child and boyfriend with you was the right thing to do. The question is what do you do next. Your brother obviously needs help, but the question is whether he's willing to accept the help and solve his problem, or not -- if he doesn't want to solve his problems, nothing you do or say will help him. If he really is a hopeless case, then maybe jail is the best thing for him.

    If not, and he is willing to admit he has a problem and that he needs help dealing with it, then maybe you and the rest of your family should figure out a way to get him some kind of treatment and assistance before you call the cops and maybe ruin his life forever. Your top priority has to be protecting your family, and while the most important part of that is your own child, it doesn't have to end there.

    Good luck and be strong.

  • Andy G
    Lv 6
    1 decade ago

    This situation would probably be really complicated to prove in court as far as possession goes. Your brother may have brought drugs into the home, but because you and the rest of your family knew about the possession there is a chance everyone can be charged with possession. It is highly unlikely that only your brother will be charged with having drugs, unless he confesses which doesn't sound very likely.

    Your best situation to keep you and your family out of the legal consequences of your brother's irresponsibility is to kick him out of the house. Most states do not have a law that requires parents or landlords to keep a tenant simply out of "good will". He won't go to jail, but you (really your dad because it is his place) has the power to kick him out, If he tries to go back in, the cops can arrest him for breaking and entering.

    Trying to get your brother in trouble due to drugs is probably a waste of time because he could walk when charged unless he confesses.

    Source(s): My roommate is a defense attorney
  • 1 decade ago

    If you call the cops, be there when they come, and explain what you found.

    If you do NOT call the cops, and for some reason they come and search the apartment - maybe because a druggie friend rolls over on him to catch a break - and find drugs, anyone who's a resident there could be charged with possession. That means it is MUCH safer to make the call yourself than take a risk.


  • Leto A
    Lv 5
    1 decade ago

    I'm so sorry that this is happening to you. I would not call the cops. There is no way to prove that the drugs are his. I don't know if it will help, but here are a couple options to add to the pool:

    1) Ask him to leave. It is not your responsibility, he needs to grow up and accept the responsibility of being a man. If he refuses have him removed.

    2) Periodically throw all of his drugs in the toilet. Don't hide them or try to confront him with them. Just get rid of them. He will eventually get the hint.

    3) Do what you did and move out. do not give him the keys to your new place when you get one. Again, you may love and care for him, but you are not responsible.

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  • Dana B
    Lv 6
    1 decade ago

    Well, as far as the cell phone, your dad's name is on the bill for the account, but who actually owns the phone? If your dad bought it, then he had the right to take it back from your brother any time he chose to and your brother had no rights to it. If your brother bought it, then it was his and you did steal it; I would give it back to him and have your dad immediately cancel the service account. Then your brother can sign up for service in his own name that he pays for or he can own a dead cell phone. As for the drugs, I think your dad could get in trouble for them being in his apartment, especially since you said you hid them in his room. If the lease for the apartment is in your dad's name, I can't imagine why he lets this druggie continue to live with him when it has driven you to have to find a new place with an infant in tow. But since you have moved out, I think what goes on between your dad and your brother is really no longer any of your business.

  • 1 decade ago

    I am not a legal person. But in our city it was passed the owner of property, landlord can also be held liable, fined or even property seized during investigation. So considered that and perhaps ask about you state rules. But it is wrong you are suffering while he is doing illeagal. Your Dad may think he is trying to help but he is risking his finances to do so. Tough love needs to happen. Have a serious talk about that.

  • Anonymous
    1 decade ago

    never ever involve the police in something like this, if it's your dad's phone point out your brothers claim is invalid.just remember you live in a police state so try to stay away as it will likely backfire

  • Anonymous
    1 decade ago

    Call the FBI. Call Hugo Chavez and his boiz too.

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