There are couple of things in your favor on this one.
First, the items were never witnessed in your possession by surveilance or by a police officer. It's almost a must to prove possession. Remember, someone has to sign the affidavit. Of course, never say they were yours! The evidence (if any) has been transported by someone other than authorities, and who knows what was in it by the time it hit the PD. It's pretty hard to use that as evidence with cases of domestic relations. These people (including your soon-to-be ex) could have had it out for you. Your girlfriend's statement would merely be testimonial evidence.
In regards to the first posession argument I disagree. How about constructive posession. Constructive posession at least from my limited understanding is when you dont have ACTUAL posesssion, but have possession because of the geographic area. Secondly, is actual possession needed to prove a criminal case. I would think not, after all there are dozens of examples of cops finding drugs in a car full of people? All of them say its not theirs, who do they charge Santa Clause.
It was his house wasn't it? Its almost as if the burden of proof flips now?
I disagree. It seems now that the joint-tenants have constructive possession, the burden should flip.
Second, I have some real concerns with the method of seizure. Always remember your 4th Amendment Rights. Unless there is some Plain View doctrine loophole or something, nobody should have been looking there in the first place. As far as the joint tenant residence, it may not matter. For example, a wife cannot grant permission to search a location is solely designated as location for the husband. Your attorney can tell you if this applies. The whole thing sounds like an illegal search and seizure.
Ok this might be beyond my limited knowledge of the law know, as I have not taken this class yet. However, it would seem that the police have probably cause to make a search. Similiar to a person going to the police and telling them a man in a car is selling drugs, this case has the same scent? Please advice?
Now, these are just my thoughts. However, I personally wouldn't sweat this one, but it sounds like you should know what to do if you get called in on this one. "What the hell are you talking about...ha ha...boy, that family has always hated me. But investigator, I assure you, I have no idea what you are talking about. I guess if you charge me, I'll need to bond out. I hate to pay for an expensive lawyer, but I'll have to. We can work through this one." There should be nothing else for you to say.
Good luck.
Please Scroll Down to See Forums Below 
