QUESTION
Can you get charged for being caught with small amount of drugs during illegal search?
Asked on May 11th, 2013 on Criminal Law - Colorado
More details to this question:
I was driving and an officer ran my plates and pulled me over and said I had a warrant for an assault crime I had committed. I told him I had not committed any crimes of such nature. He didn't believe me and put me in handcuffs and searched me finding a small amount of dope in my pocket. He asked me for my social and realized he had arrested the wrong person. My name was similar to the person who had the warrant. He took me out of the car and asked me about the drugs and told me you know you could be charged with a 3rd degree felony for this. But since I ruined your night for arresting you with no probable cause I am a let you go. But next time you get caught with something like this you’re going to jail. And he handed me all my stuff and let me go. My question is, can I still get charged for possession? Or would they? They didn’t write a police report or anything just confiscated the dope and let me go.
6 ANSWERS
Michael J. Breczinski
He gave you a break. Go and sin no more. You were lucky.
Answered on May 16th, 2013 at 8:09 AM
If the facts are as you stated and a report was not written, you are safe.
Answered on May 13th, 2013 at 2:48 PM
Thomas Edward Gates
It is highly unlikely you will be charged. I am surprised he gave you back the drugs.
Answered on May 13th, 2013 at 2:47 PM
2 Awards
From your description it sounds like you would not be charged with simple possession. Typically, if the search was illegal, you can still be arrested and charged with a crime, you must then assert that your rights were violated and ask the judge to disallow the search. In the fact pattern that you described, it may or may not have been a legal search. These cases are very fact specific and one small detail can make the search valid or invalid. For example, if the cop had a reasonable belief that you had the warrant; but he was wrong may make the search legal. Or if the cop conducted the search prior to verifying your identity, could make the search illegal.
Answered on May 13th, 2013 at 2:47 PM
Criminal Law Attorney serving Oakland, CA
at
Law Office of Jared C. Winter
Update Your Profile
They COULD still charge it, but I think that's unlikely to ever happen.
Answered on May 13th, 2013 at 2:47 PM
3 Awards
You are likely in the clear. The officer did not have probable cause to arrest you. He had PC to arrest the other person. The search was only legal incident to arrest, so if the arrest is bad, so is the search. If the case comes back, make sure you get a good lawyer to look into the issue.
Answered on May 13th, 2013 at 2:47 PM