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?
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.
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.