My friend got pulled over a few months ago. They searched his car and found prescription drugs. They took the pills but let him go. Did not arrest him, or write him a ticket. He went to jail last night on a warrart from that day. He never received any letters from the judical sysytem saying he was wanted for failure to appear in court, nor was anything mailed to him regarding a court date of any kind. What's going on here???? Have you every heard of this????
2006-10-09 10:18:29 · 21 answers · asked by Pete 2 in Politics & Government ➔ Law Enforcement & Police
Having prescription medication that doesn't belong to you is a crime. Depending on what the medication is, like morphine and Oxycontin, it can be a felony. It is the latest scourge in druggie land. Stealing scripts and selling them on the street (or using them to get high, yourself).
The officer most likely located the pills in the car, but there was an uncertainty about who's they were. The officer used wise discretion in NOT arresting your friend that night and doing some follow up investigation. Sounds like he gave your friend the benefit of the doubt during the traffic stop.
After investigating, he most likely determined that your friend was in possession of the medication illegally. He sent his report to the DA's office and requested a warrant for his arrest. Once issued, the police can arrest your friend on the warrant. Your friend then will have his/her court appearance and be arraigned on the charges, assigned a lawyer, ETC. (Warrants aren't just for failing to appear for a court date).
2006-10-09 10:42:40 · answer #1 · answered by gunsandammoatwork 6 · 2⤊ 0⤋
Yes, that can be done. The police do not have to make an immediate arrest when investigating a crime. Often times they will continue to investigate and build the case until they feel they have enough probable cause for a judge to sign a warrant. This is actually the preffered way to charge someone. On scene arrests serve mainly to protect the public from immediate threats or alleviate an ongoing problem but arrests by warrant carry much more weight in court. I don't know the specifics of your friends case but the police may have been investigating what the pills were and who they were prescribed to. You also did not say if the warrant was for an original charge or a failure to appear. If it was a failure to appear, perhaps your friend is not telling you the whole truth.
2006-10-09 10:51:19 · answer #2 · answered by Mike 3 · 1⤊ 0⤋
Yes. police can arrest up till one year after the date of the crime. For murder and rape, it's two to three years depending on many variables.
They also have the right, as it is legal, to hold a person that has committed a crime over night in jail.
EDIT:
Also, no warrants are required when searching a car IF:
The drugs are in plain view of the officer, or if the owner tells them they can. Even if its an unsure, felt like it was opposed upon them reply like "ummm...i guess...go ahead"
That gives them the right to tear the car apart. Other wise, a warrant is required.
2006-10-09 10:27:09 · answer #3 · answered by tenacious_d2008 2 · 1⤊ 0⤋
Perfectly legal. Most likely the police had the drugs tested, they tested positive for an illegal substance, the police then swore out and had signed an arrest warrant for your friend and then they executed the warrant by making the arrest. This had nothing to do with court dates or appearances, those will happen next.
2006-10-10 07:38:30 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Just because pills are in a legit perscription vial, this is by no means, that the pills in the vial are what is actually the pills the doctor's prescribed. It could be crack in capsules. If the evidence turns out to be something other than what it is suppose to be, then the person can be arrested again.Now why your friend didn't get a court notice, I can't explain.
2006-10-10 00:11:23 · answer #5 · answered by WC 7 · 0⤊ 0⤋
the police officer probably logged the pills into evidence wrote a report and fowarded it to the detective division, the detective took the case to the district attorney who thought there was adequate evidence to prosecute then it went to a judge (county or district) who issued a warrant for arrest the next step is your friend needs to get a defense lawyer and either reach a plea agreement or go to trial; this happens all the time contrary to what happens on tv this is the process we use more than 90% of the time. hope i helped
2006-10-09 20:22:30 · answer #6 · answered by txpolice_85 2 · 0⤊ 0⤋
Yes it is legal. When the officer finished the investigation he filed a report with the prosecutor's office. The prosecutor then examined the case and determined the charges would be filed. The case was then submitted to the court which issued the warrant.
2006-10-09 11:49:03 · answer #7 · answered by Ranger473 4 · 1⤊ 0⤋
Nothing strange about that. They found something suspicious and conviscated it. They did their investigation and apparently found something illegal had occurred. Took that to the Prosecuting atty. who, along with the PD, went to a Judge to present thier evidence. The Judge thought there was enough to charge the person and then issued a warrant. The warrant was executed when they arrested your friend. There is no requirement for anyone to notify your buddy of anything. There was evidence he did something illegal and they came and got him - THAT was his notice. Happens an untold number of times every day.
2006-10-09 10:27:42 · answer #8 · answered by APRock 3 · 1⤊ 0⤋
Hell yea he hadn't even pointed out himself of course. You observed he replaced into an officer and you positioned your palms up. He asked for identity and jointly as you have been interior the technique of showing identity he bodily assaulted you in distinctive techniques for no absolute reason. you weren't armed and the cop brought about severe injury so which you will get some sympathy. they might say he concept you have been achieving for a gun. then you quite could say quite of thrashing the hell out of me, why did no longer you basically seek me quite.(in comparison to that) they are gonna attempt and use the inebriated component against you so basically say you have been nonetheless cooperating. I beat a pair circumstances with the completed black component yet i do no longer think of it may paintings for you.
2016-10-16 00:31:59 · answer #9 · answered by ? 4 · 0⤊ 0⤋
They can do an investigation and charge him afterward. But if he is not notified of his charges and brought before a judge, then that is not allowed. It is a law called Habeus Corpus. He has to be brought before a judge and told his charges. Its in the constitution! So when he is in jail, he will probably be seen by the judge and that's when he should get a lawyer.
2006-10-09 10:28:54 · answer #10 · answered by Annieo 4 · 0⤊ 1⤋