drug field testing laws

[lucious]

Got pulled over and after checking license let go but when name came through for past drug charges they pulled me back over and asked to search my car I said no they made me get out searched me and found small bag of msm which isn't illegal but they didn't test it they just arrested me and took me for possession of methamphetamine. My question is can they still do a test on it even after they neglected to at the time of the stop

 

[army judge]

The standard answer is no. The corrected answer is yes. You were alone. You refer to them as they. That means more than one. Even f they were two, that's one more than you.

So, if this goes to court, don't be surprised when you hear them say you agreed to the search, you made furtive motions that caused them to fear for their safety; whatever they say will support the search.

An old African proverb says, "Until the story of the hunt is told by the Lion, the tale of the hunt will always glorify the hunter."

 

[mightymoose]

Are you on parole or probation? If so then this may all be legit.

Otherwise, it appears to me that the officers lacked probable cause to stop you a second time and continue the detention, and the results of their search might be no good.

There are some preliminary tests that can be done immediately on drug samples, but they are not required. The samples are sent to a lab for testing and confirmation of the content. The lab result is what matters, not the officers roadside test.

 

[lucious]

I'm not on probation however the officers seen on my record that I was visiting a common nuisance and inside a known drug dealers I car when he got busted so me not knowing i still was arrested and charged with possession D felony which was my first time in 30 years ever in any kind of trouble now even though it wasn't a illegal drug in the pre mentioned question it now says on my record 2 possession charges and costing me 10,000$

lucious

 

[mightymoose]

This has to make it's way through court before it will be on your record. One step at a time. If you don't have a lawyer yet request one when you make your next appearance.
Based on how you tell it I see problems with the second stop and subsequent search.

 

[lucious]

Thank you so much and yes I have a lawyer but am looking for a better one! The one I have is charging me a ton yet won't file harassment charges even though the same cops have stopped and searched me 9 times in two months with my 4 year old son in the car and even went as far as to come inside the barber shop I work in and tell the owner if he doesn't tell me to find another job then the cop said he would shut down the shop and it's even on a recording. My attorney says I'm fighting a loss cause. I believe my attorney doesn't think I'm innocent and sadly treats me as a drug dealer when I can prove it was as simple as wrong place wrong time, thanks again have a great night

lucious

 

[mightymoose]

Stop consenting to searches. Make it very clear during any contact that you do not consent to any search.
Stop giving them reasons to stop you, and find out what their justification is each time they do stop you.
Always ask if you are free to go on your way. If they say you are not then ask why you are being detained.
You have more control over these situations than you realize.

 

[army judge]

Stop consenting to searches. Make it very clear during any contact that you do not consent to any search.
Stop giving them reasons to stop you, and find out what their justification is each time they do stop you.
Always ask if you are free to go on your way. If they say you are not then ask why you are being detained.
You have more control over these situations than you realize.

There is a mountain of wisdom in these few sentences, coupled with years of REAL law enforcement to back it up.

Heed what this deputy has said!

 

[CdwJava]

Thank you so much and yes I have a lawyer but am looking for a better one! The one I have is charging me a ton yet won't file harassment charges even though the same cops have stopped and searched me 9 times in two months with my 4 year old son in the car and even went as far as to come inside the barber shop I work in and tell the owner if he doesn't tell me to find another job then the cop said he would shut down the shop and it's even on a recording. My attorney says I'm fighting a loss cause. I believe my attorney doesn't think I'm innocent and sadly treats me as a drug dealer when I can prove it was as simple as wrong place wrong time, thanks again have a great night

lucious

Harassment is a separate issue from your criminal charges. Absent some other details, the threats to the shop owner could be unlawful or - at least - a violation of agency policy. But, if you are involved in illegal activity and the police have reason to think you are engaged in it at the business, then they might be justified in giving the store owner the heads' up as to what MIGHT occur should you get busted.

But, first things first - your attorney needs to review the reports and the evidence and determine if there was probable cause for the second search. if you are not under the auspices of any supervised release, then the second stop and search could well be unlawful and might result in the suppression of any evidence.

And, the "harassment," this might be best addressed by another attorney who specializes in police abuse cases. Whether there is a case or not will depend on the details.

 

[lucious]

Thank you for your input and advice and as far as any criminal activity at my work place as I stated I wasn't involved just wrong place wrong time! They literally have zero reason to be at my work but I will take your advice and talk to a different attorney or just let it go thanks again

lucious