Can you be arrested for possession of "fake drugs"?
Here's an amusing story I found:
http://news.yahoo.com/s/ap/20070813/ap_o...
If the woman wasn't in possession of actual illicit drugs, on what charges did they arrest her?
Answers:
"Intent" would be the charge. Intent to purchase or deliver. Based on her call, they had probable cause to arrest, fruit of the poisonous tree, beyond a shadow of doubt would be easy part to prove, the recorded call to PD. I am in criminal justice, you'd be amused at the ingorance that is dealt with.
Yes if you have fake drugs when the results come back from the lab you will probably get charged for attempted distribution or something you Johnny Law always finds a way to charge.
What an incredibly stupid woman...
yea u could totally be arrested for fake drugs, people cut drugs all the time and lace them, they could be cut so there are no illegal ingrediants like, my friends thought they got blow but it was backign soda, so police charge u selling drugs
Depending on the actual statutes of individual jurisdictions,
you can be arrested for having drug paraphenalia as well as "fake" drugs. In the view of law enforcement, passing otherwise unregulated substances as street drugs is considered possession with intent to sell. Also, intent to purchase illegal drugs (even if the substance turns out to be fake) is, too, against the law.
The key word here being "intent."
This lady should be nominated for Dumbest Criminal of the Year.
No.
Once the suspected drugs are tested and determined to me fake, all charges will be dropped. There is nothing the police could charge her with. She was arrested for possessing illegal drugs, they were not drugs, case closed.
i wouldn't think so but paraphernalia is another issue altogether
Yes, if you represent a substance to be an illegal drug, you can be charged for distributing the drug alleged even if it turns out to chemically be another legal substance.
Personally know of a situation where the person that tried to sell the "drug" knew it was oregano, a legal substance, but since they represented the substance as pot, were tried, convicted and went to prision the same as if it was pot and charged under RICO and lost everything.
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