I have heard that if there are unclaimed drugs in a California Fraternity, that all members are jailed for 15 days and assumed to be guilty. I have not been able to find any information on this online.
Does anyone have any additional information? Obviously, getting caught with drugs is a big no-no, but if a brother is not himself a drug-user, is he still liable for the use of others in the house?



October 8th, 2009 at 9:23 am
There is no presumption of guilt under any constitutional law anywhere in the United States. There is no automatic 15 days in jail either.
The law provides that anything can be individually possessed or jointly possessed. For something to be jointly possessed, each individual must have the right to exercise dominion and control over the item. Mere knowledge of the presence of the item, absent dominion and control, would NOT constitute possession. So the mere fact that drugs were found in a residence occupied by many people, and that no individual can be identified as the owner, would not ALONE be a sufficient basis to convict each resident of possession. However, other factors might add to the case; for example, if the drugs were all laid out on a table for use by any resident who wanted to do so.
October 8th, 2009 at 9:43 am
i do not know about 15 days, but what the law in general says if they find drugs in the house and no one in the house claims responsibly for the drugs then yes every one who lives in the house can be charged with the possession of the drug
no different if you are a passenger in a car where they find drugs if no one admits to the drugs every one is charged
key is if the person who brought the drugs does not confess every one takes the hit
October 8th, 2009 at 10:28 am
It all depends on the campus and the fraternities national headquarters and their policies on the drug issue.