Drug Crimes, Substance Abuse Not cited for reason being pulled over

[charmon]

Jurisdiction

Indiana

I have a friend who was pulled over for driving with a suspended license. The police saw him driving and knew he didn't have a license, so they pulled him over. During the traffic stop, they searched his car and found drugs. He was arrested and charged with dealing. However, he was never cited for the original reason for being pulled over, driving without a license. Is it illegal for them to charge him with what they found during the stop, while not citing him for the reason he was pulled over in the first place? I really have no idea, but since he is currently incarcerated, I told him I would try and find out. Thanks in advance!

 

[KatDini]

Short answer: No.

 

[adjusterjack]

Is it illegal for them to charge him with what they found during the stop, while not citing him for the reason he was pulled over in the first place?

Nope.

Knowledge of a suspension is sufficient reason for the stop but does not obligate the police to cite the driver for it if they find something better to arrest him for.

I really have no idea, but since he is currently incarcerated, I told him I would try and find out.

That he is currently incarcerated on the drug charge should have been enough to answer his question about the suspension.

Of course, he is free to ask that he be charged for driving on a suspended license. I'm sure the authorities will be happy to oblige him.

 

[army judge]

Is it illegal for them to charge him with what they found during the stop, while not citing him for the reason he was pulled over in the first place?

No, the police have great discretion in how they perform their legally mandated duties.
That discretion is extremely wide concerning traffic violations and many misdemeanors.

Nothing you describe was illegal.

Although I am a judge, I am not the judge will who eventually preside over your friend's legal issues.
The prosecutor may dismiss the charge, or nolle prosequi them.
As far as the citation, a verbal warning could suffice, but those charges may follow by complaint and warrant; or a similar process in your state.

 

[mightymoose]

I very rarely issue citations for the reason I stop someone. I don't issue many citations in the first place, but the ones I do typically come from information gathered after the stop. A police officer has a lot of discretion over what to cite and when to cite, if they do so at all.