My daughter who is 18 and from texas was arrested last Thursday for possesion of a controlled substance, xanax (zanex) less than 18 grams a class A misdemeanor 1.) I was wondering why they can be legally purchased over the internet without a prescription for the exact same thing she had in her possesion?
2.) there were 2 other boys that were arrested that was with her for unpaid traffic tickets as well and the driver of the car was not arrested. None of them were read their rights at anytime. They were all three questioned as to whom they were purchased from and my daughter was stripped searched as well. They were allowed no phone calls until they were booked in questioned,searched, printed, pictured etc 6 hours later. Is that legal for them to do?
2007-01-16 23:38:47 · 2 answers · asked by sanderson 1 in Politics & Government ➔ Law & Ethics
The previous two answers were correct, but let me add something here:
"reading your rights" is required before questioning, BUT, if they do not wish to use the results of the questions against you later, then they can question all they want. In asking routine questions such as name, address, etc, they don't even need to worry about it. In asking where she purchased the drugs, they aren't necessarily going to use that information against her. They may be more interested in busting the seller.
You need to consult an attorney who is experienced in criminal law in your jurisdiction, and/or in your daughter's jurisdiction. They can assist you in making sure that the police followed the correct procedures, and that the evidence (if any) is properly admitted, etc. For a referral, consult your local or state bar association.
2007-01-17 01:07:39 · answer #1 · answered by Phil R 5 · 2⤊ 0⤋
Xanax can be purchased online, that doesn't mean it is legal. Check carefully and you will find it was shipped from an overseas pharmacy and probably was not legal. I also would wonder why she was buying/using anti anxiety drugs without consulting a doctor.
For the rest, if you got the straight story you need to hire an attorney. Cops are cops and sometimes they do push the limits. It is entirely possible the broke the law but I'd be sure to check the facts first.
2007-01-16 23:52:34 · answer #2 · answered by Anonymous · 1⤊ 0⤋
Unfortunately for your daughter, the online places where you can "legally" purchase meds without prescription are outside the US or UK, but rules for possession still apply in those territories, whatever the way in which the substance was procured, the same as people bringing haschisch back to France from Morocco or the Netherlands are still subject to arrect and prosecution under French law, although the transactions were not illegal in the countries where they got it.
As for the proverbial phone call, they are in full ability to withhold that until initial booking procedures are finished, and they can be made to last if the cops are in a bad mood.
2007-01-16 23:59:51 · answer #3 · answered by Svartalf 6 · 1⤊ 0⤋
get a really good criminal lawyer, many times police will over step the boundaries established by the Constitution but only a really Good criminal lawyer will be able to look at the facts and let you know
2007-01-17 01:06:29 · answer #4 · answered by goz1111 7 · 0⤊ 0⤋