Arrest, Search, Seizure, Warrant NY: Apartment Roommate Drug Search

[cicatrez879]

Hello,
I write in regards to a new apartment lease I have signed with two other friend's in New York State. We are all co-signing on a 3 Bedroom apartment, which will have a common area with a kitchen.

Problem: One one of my friend's is a habitual marijuana smoker, and I am not. For that matter, I do not smoke marijuana at all, and CANNOT, under any circumstances, ever acquire a drug related charge due to my job.

If a search warrant were ever to be conducted on the apartment, even in my own name for whatever reason, could I be liable for drugs in my roommate's private bedroom? (let's say worst case scenario: even if his bedroom door is open at the time of the warrant, and there are some marijuana odor's coming from his room).

I am keenly aware of the necessity of keeping any illicit substances out of my own private bedroom, as well as the common area that is accessed by all inhabitants, however can I find peace in knowing that I am not responsible for my friend's habits/contents of his bedroom? Would it be possible for me to be liable on the grounds that marijuana odor was present, and I would of therefore known?

The problem is that this friend is a very good friend of mine, and after having been clean for a year and promising he was through with his habit, has relapsed a month after signing the lease. As much as I want, I cannot control his actions, so I want to see what are my options if he continues to use.

Note: if your a lawyer/have experience in this field, please just say so in your post

 

[Miss_Cherokee]

When there are room mates and there is a lease stating that there are 3 or how ever many seperate entities cohabitating in a common yet seperate area from what I have read and understand the search warrant must be then specific and cannot search a living space or such that is not explicitly specified on the warrant. Now if the officers come and search your room mate and smell weed wafting from your living area I think that this may come under probable cause for either those officers or for others to be called in to investigate probable crime in process. I however am not a lawyer and this is an interesting question. I am wondering where the law is on this too. Good Question.