Drug Crimes, Substance Abuse Charge after testing bag?

[bigpapi]

So the guy is pulled over for not stopping at a stop sign and searched. The car is turned upside down, and they find a "corner-bag".

A verbal warning is issued for the stop sign, and the police claim they will send the bag to the lab, and if it comes back positive they will "come find you". No papers are presented, no signatures, just verbal.

Whats going on here? Is it possible for them to confiscate the bag with no charges, test it, then issue a citation?

Thoughts??

Thanks,
bigpapi

 

[mightymoose]

Was consent given to search the car? What was said?

What is suspected to be in the bag? Marijuana? Meth?

It is possible that a positive result in the lab will allow for a warrant to be issued. No citation was necessary at the time.

However, what is most likely is that they simply confiscated it and you won't hear anything further. They know you won't be coming to ask for the bag back... but if it means that much to you go right ahead!

 

[bigpapi]

Consent was given.
Bunch of questions were asked about use of drugs. "Are you under the influence", "Is there anything in the car I should know about" etc. Said they had a drug dog on the way and it'd be an hour before it got there. The guy had places to be, so he gave consent for the search.

Lortab (Hydrocodone) tablets may have been in the bag.

Thanks for your response.

 

[army judge]

Consent was given.
Bunch of questions were asked about use of drugs. "Are you under the influence", "Is there anything in the car I should know about" etc. Said they had a drug dog on the way and it'd be an hour before it got there. The guy had places to be, so he gave consent for the search.

Lortab (Hydrocodone) tablets may have been in the bag.

Thanks for your response.

Never give the police consent to search you. If they seek consent, they have nothing on you. They're fishing.

Lesson learned, don't carry contraband and don't permit the police to search you or your property.

 

[CdwJava]

Never give the police consent to search you. If they seek consent, they have nothing on you. They're fishing.

Not necessarily. Getting a search warrant can take time and if the cops can get the job done in a few minutes as opposed to a few hours, they will. Consent is much quicker for all involved.

For Lortab, well, unless the driver was high they would not have been able to get a warrant, and the dog will have to have been there in a short amount of time (probably no more than 20 minutes) if the cops would have wanted to have a chance of the dog sniff being legal given the length of the detention.

But, if you have illegal drugs it is always best to say "no" to the search.

 

[army judge]

Not necessarily. Getting a search warrant can take time and if the cops can get the job done in a few minutes as opposed to a few hours, they will. Consent is much quicker for all involved.

For Lortab, well, unless the driver was high they would not have been able to get a warrant, and the dog will have to have been there in a short amount of time (probably no more than 20 minutes) if the cops would have wanted to have a chance of the dog sniff being legal given the length of the detention.

But, if you have illegal drugs it is always best to say "no" to the search.

I advise everyone to NOT carry or possess contraband.

If you have no contraband, you can readily refuse all searches.

I've never been searched, but I don't traffic in contraband.

If I were ever asked to give consent, I'd be secure in my refusal.

 

[mightymoose]

Consent was given.

That is where things went bad.
There was no dog on the way. They suckered you with a bluff. Police count on people not understanding their rights in order to get their job done. If they are asking your permission for something, there is nothing wrong with telling them no.

Yes, if they actually sent the sample to the lab they can still come back with a warrant later, probably for the driver unless someone else claimed it. I doubt that is going to happen though. They probably just confiscated it.