Q: I was arrested for a petty theft where they Search me without permission and my belongings and then I gotta A drug charg
They later dropped the theft and now I have a drug charge is that still possible
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A:
Generally, yes. If law enforcement is legally conducting a search concerning one offense, and while doing so find evidence of another offense within the scope of the legal search, that can be charged. Even if the original offense is dropped.
However, you mentioned you may not have been searched legally. If so, that changes things in the second charge. These are very fact specific so it’s important to discuss it in more detail with an experienced criminal defense attorney.
Leonard Louis Cagan agrees with this answer
A: If you were being arrested the police can search you because you are being arrested. (Incident to arrest) They do not need your permission. To attack the search after the arrest will be difficult but not impossible. If the officer had probable cause to believe that you had committed theft. That can be sufficient cause to arrest you. You may be able to attack the original arrest if it was a sham, but you need to be careful not to have them reconsider bringing back the theft charge. As the previous attorney mentioned, these cases are fact specific and should be discussed with a local experienced criminal attorney.
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