I am asking this for a person who owns a Billiards /restaurant club in a small town. The police came in saying someone has said they bought POT there and ask who sold it ,they all said no one.The police ask if they had a restroom and went in it,came out saying he found a baggy with residue of cocaine in it and searched the place. They found no cocaine or Pot,but did find a gun in the safe and 50,000 on the owner. The gun belonged to the other owner who forgot it in the safe when he left that morning. The owner that was there had carried his money because he had been broken into several times at his home and had his safe stolen. There was also 60 Percocet (?) pills in the safe. Okay question is can they get the owner who was there for being a felon in possession of a firearm even if he didn't know it was there? And what is the charge for the pills?Can they take the money and charge them with trafficking even if nothing was sold to anyone? Thanks for all help.

Hello SASSY:

First and foremost, I think the search was illegal. I think finding a bag with residue in a public restroom ISN'T grounds to search a public establishment.

If that's so, then it's ALL out the window. If it isn't so, then your friend has some trouble.

Should the search hold up, I think it depends on who had access to the safe, and where it was. It was apparently open. Can they charge this person with a felon in possession of a gun? They can charge him, and they might convict him, too. The pills? Again, it depends on who had access to the safe. Sure they'll charge him, and they might convict him too. The money? Oh, for sure they're going to take that. In order for him to get it back, he's going to have to prove it's his. Can they charge him with trafficking? Sure, and they probably will too.

What?? You think they're nice guys?

excon