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My daughter and her boyfriend were at his friend’s house. The friend announced that he was missing 2 Xanax. He said that my daughter took it. One of the other visitors announced that she was a police officer and made my daughter pour out the contents of her purse. When she emptied her purse, she had her own prescription, labelled and dated inside. The girl took them and called the Police Department. My daughter was arrested and taken to jail. The boyfriend later told everybody that she was stealing from him. Was the arrest legal? What can we do?
3 ANSWERS
Assault Attorney serving Richardson, TX
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There are several issues. The arrest may have been done with insufficient probable cause and proof of a crime is questionable. A motion to suppress is the first step.
Answered on Oct 26th, 2011 at 2:48 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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You need to hire a lawyer to represent your daughter. You do not say what she was arrested for. She had a prescription and if there is no evidence she took the guy's Xanax, then she has not broken the law. And, if the person was not a cop, then they pulled one over on your daughter but the police are not responsible for that person's actions. If she was a cop, she acted illegally.
Answered on Oct 25th, 2011 at 11:50 PM
3 Awards
Absolutely not. The police officer had no jurisdiction and the search and seizure is improper. Also, having a prescription is a defense. How can they say which was her boyfriends and which was hers. Very defendable case. Hire an aggressive criminal attorney in your area.
Answered on Oct 25th, 2011 at 7:25 PM