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Can You Be Charged With Drug Possession Over Drug Residue

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  • 03-22-2018, 09:03 AM
    Jynn_00
    Can You Be Charged With Drug Possession Over Drug Residue
    My question involves criminal law for the state of: Nebraska. Me and two of my friends were on our way to Texas and got pulled over for speeding. The cop eventually asked me to get out of the car which I’m not sure why and then asked me if I had anything in my pockets. Me thinking I did not I pulled everything out. Earlier a guy asked me to hold something which appears to look like a drug straw of some use that had white residue. Eventually the cops let us go and said they were going to test that and if it comes back positive I would be charged with a felony and a prosecutor would be in contact with me. I did not receive any tickets that night - can they come back and charge me?
  • 03-22-2018, 09:07 AM
    flyingron
    Re: Drug Residue
    They most certainly can if they have evidence to do so.

    The standard guidance applies at this point. They may call you or even come visit you and ask you to talk to them about it. DON'T. Understand that almost anything you will say will provide evidence to your guilt even if they don't have the physical evidence. Understand that "someone asked me to hold this" is not going to get you out of anything. If you get charged or they arrest you, keep your mouth shut and get an attorney.

    The good news is that a "residue" may not support a possession of drugs charge. It might indicate paraphernalia but possession of such is only an infraction in your state.
  • 03-22-2018, 11:35 AM
    Jynn_00
    Re: Drug Residue
    Thank you for your response! Are you saying possession of such is only an infraction in my state because the amount is so small? Even if it tests to be a “controlled substance?”
  • 03-22-2018, 12:09 PM
    Mr. Knowitall
    Re: Drug Residue
    Quote:

    Quoting flyingron
    View Post
    The good news is that a "residue" may not support a possession of drugs charge. It might indicate paraphernalia but possession of such is only an infraction in your state.

    Even if the paraphernalia contains only trace amounts of a controlled substance, possession of that trace amount remains a crime. See, e.g., State v. Dalland, in which the defendant was convicted of possession of a controlled substance after syringes with trace amounts of methamphetamine were found in his vehicle.
  • 03-24-2018, 08:37 AM
    Steve418
    Re: Can You Be Charged With Drug Possession Over Drug Residue
    A lot of states charge over residue. Especially if "paraphernalia" is involved. I'm not familiar with Nebraska specifically. However, this was very commonplace in upstate New York. Definitely consult a Nebraska defense attorney.
  • 03-24-2018, 10:18 AM
    flyingron
    Re: Can You Be Charged With Drug Possession Over Drug Residue
    This is why I said MAY. "Residue" is a vague statement. If it is just enough to indicate that the substance had been there, that may show the straw was indeed paraphernalia and not something innoculous. However paraphernalia possession is not criminal in Nebraska. The case law also shows that a suspected drug residue is sufficient probable cause for some searches.

    Mr. K's case law was week as the appellate court was not asked to review whether "trace" amounts were possession, or even what "trace" meant in this case, just whether the search that resulted in this was valid.

    In any event, it doesn't change the advice.
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