QUESTION
Do cops have to test substances found in my car at the time of my arrest?
Asked on May 10th, 2013 on Criminal Law - South Carolina
More details to this question:
I was recently detained by police for trespassing. They asked if I had drugs on me, because they said they knew I had a history. They found 2 grams of methamphetamine in my car and told me I was going to jail. They cuffed me and asked questions, it was all very confusing. Then my boyfriend showed up and they just let me go, but took the drugs. What the hell happened? Shouldn't they have at least tested it there in the field? If it were methamphetamine, especially that much, wouldn't they have had to arrest me?
3 ANSWERS
Michael J. Breczinski
No they often take the substance and send it to a crime lab and get a warrant if the substance is illegal for you to have. This can take several months.
Answered on May 14th, 2013 at 7:13 AM
Divorce & Separation Attorney serving Jacksonville, NC
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The Houser Law Firm, P.C.
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What? Let me get this straight - you didn't get arrested, nothing bad happened and you are complaining that your amphetamine wasn't field tested? Seriously? No wonder 'it was all very confusing' to you! Are you on amphetamine right now? Any who, no they don't have to field test. In fact, they don't have to test at all. Of course, if they do test - they stand a much better chance of convicting you. Soooo, come on now and rub those last two brains cells together and say it with me - "Not testing was a good thing, yay!'
Answered on May 14th, 2013 at 7:11 AM
Litigation Attorney serving Charleston, SC
at
The Falk Law Firm, LLC
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It is possible that they are going to arrest you at a later date. If they are sure that they can locate you at a later date, they may be waiting for lab results before they obtain an arrest warrant against you. HOWEVER, THIS IS UNLIKELY, it is more likely that they are going to destroy the contraband but for whatever reason, they chose not to arrest you.
Answered on May 10th, 2013 at 2:44 PM