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Theoretically, in a situation where a person was caught by a bouncer at a club for having illicit substances in their possession, which were confiscated inside the bathroom and was told to leave and that the police would be waiting for them outside. They exited without police involvement or speaking with any police. Through cameras, can the police retroactively charge that person with possession, despite them not being arrested or confronted by police at the scene?
6 ANSWERS
James N. Turner
If the drugs were saved by the bouncers and turned over to the police, yes, they could. It would be a very problematic case for the State, though. I doubt that they would ever file charges, unless the suspect was someone they were trying to get for other things or was selling drugs there.
Answered on May 15th, 2013 at 2:40 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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The police can, if they can positively identify you.
Answered on May 15th, 2013 at 2:40 PM
Michael J. Breczinski
They have a problem of proof, since the bouncer had the drugs and could have switched something else for the substance that he took from you.
Answered on May 15th, 2013 at 2:40 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Clearly, it is possible that a person could be charged under the circumstances described, it would simply be more difficult for the prosecution to prove their case.
Answered on May 15th, 2013 at 2:39 PM
If the police have the confiscated drugs and the statements of the bouncer, they may have probable cause for an arrest. They do need to know who you are.
Answered on May 15th, 2013 at 9:47 AM
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Yes - this is a common issue in clubs - do not make any statements to the police or bouncers about what the thing is or where you got or even that it is yours Just say, I want a lawyer and nothing else. but there are good defenses based on chain of custody of the drugs since the bouncer took them and had custody of the drugs until he turned them over to police.
Answered on May 15th, 2013 at 8:36 AM