Two cops came to arrest my boyfriend while they were searching him he handed me a container which one of the cops seen.

Question

When I say that one of the cops seen it he pointed his flashlight at it but he continued to search. When he was through with his search he got the container from me in which my boyfriend replied, 'it's only candy, man.' The cop opened it up seeing what it was and closed it.  Took my boyfriend to jail and they were off. Well I thought that was the end of it.  About 10 to 15 minutes later the same two cops were back to pick me up for, "possession"of  whatever in the hell was in that container!! I knew nothing about what was in the container except when the cop opened it in front of me. The cop took the container, it's contents, and my boyfriend to jail. They opened the door and asked me,  'do you remember what you had earlier and they searched me and I had nothing because they already had taken it.  So is this legal to come back after the fact to arrest me?  Can they arrest me on something that I didn't have at the time of search?

James L. Arrasmith · Answer

Based on the situation you've described, there are several legal issues to consider: 
 
1. Possession: For you to be charged with possession, the prosecution would need to prove that you knew the container held illegal substances and that you had control over it. If you truly didn't know what was in the container, it could be argued that you didn't have "knowing possession." 
 
2. Search and Seizure: The legality of the search and seizure of the container may be questioned. If the police didn't have probable cause or a warrant to search your boyfriend or the container, the evidence might be inadmissible in court. 
 
3. Arrest: The legality of your arrest depends on whether the police had probable cause to believe you committed a crime. If they didn't have sufficient evidence that you knowingly possessed the illegal substance, the arrest could be challenged. 
 
4. Chain of Custody: If the police gave the container back to you and then later re-seized it, this could raise questions about the chain of custody of the evidence and its admissibility in court. 
 
However, it's important to note that the specific laws and legal procedures vary by jurisdiction. The best course of action is to consult with a criminal defense attorney who can review the facts of your case, advise you on your rights, and potentially challenge the charges or the evidence against you. Remember, you have the right to remain silent and the right to an attorney. It's crucial to exercise these rights and not to discuss the case with anyone except your lawyer.

Q: Two cops came to arrest my boyfriend while they were searching him he handed me a container which one of the cops seen.