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  1. #1
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    Jul 2020
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    Default Arrested for Mexican Candy

    My question involves criminal law for the state of: Alabama
    The police searched the car my son had been driving, which belonged to his girlfriend. They found a plastic spoon and bowl. The officers did not conduct a field test to determine what was in the bowl and on the spoon. They arrested my son for controlled substance and paraphernalia. He is 21 and has never been in any trouble before. We know what was in the bowl and on the plastic spoon. It was Mexican candy bought at a local store. I bonded him out and they ordered him to do color code as a condition of his bond. Are police allowed to arrest anyone when no crime has taken place and without field testing the substance they thought was thc edibles?

  2. #2
    Join Date
    Sep 2010
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    19,752

    Default Re: Arrested for Mexican Candy

    He needs an attorney. Nobody is buying the excuse he gave. The Mexican tamarind candy is pretty distinctive and the officer likely had probable cause to think it was something else.

    There's no requirement for a field test. All it takes for the arrest is probable cause that a crime has been committed. The standards for the arrest are not "beyond a reasonable doubt" as they are at trial. Of course, the first thing the attorney is likely going to do is challenge that probable cause, even possibly before investigating the sufficiency of the state's case.

  3. #3
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    Mar 2013
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    18,015

    Default Re: Arrested for Mexican Candy

    The police searched the car my son had been driving,
    Why was your son pulled over?

  4. #4
    Join Date
    Jan 2016
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    455

    Default Re: Arrested for Mexican Candy

    Quote Quoting Joposey
    View Post
    My question involves criminal law for the state of: Alabama
    The police searched the car my son had been driving, which belonged to his girlfriend. They found a plastic spoon and bowl. The officers did not conduct a field test to determine what was in the bowl and on the spoon. They arrested my son for controlled substance and paraphernalia. He is 21 and has never been in any trouble before. We know what was in the bowl and on the plastic spoon. It was Mexican candy bought at a local store. I bonded him out and they ordered him to do color code as a condition of his bond. Are police allowed to arrest anyone when no crime has taken place and without field testing the substance they thought was thc edibles?

    Is it your son/his gf who is telling you it was Mexican candy? If not, why do you believe it was candy, not THC edibles?

  5. #5
    Join Date
    Jul 2020
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    3

    Default Re: Arrested for Mexican Candy

    He wasn't pulled over. My ex-husband, (alcoholic, wife beater, signed his rights away to his kids, tried to beat up my oldest son, etc.) called dhr and stated my oldest son was making edibles at his home with my 2 year old granddaughter. Of course this is not true, but my youngest son happen to be there when dhr and the police came to investigate. They spent 4 hours searching his home and land without permission, and found nothing of course but asked if they could search my youngest son's gf's car. The officer found a plastic bowl and 3 plastic spoons, which had the remains of the candy on it. They did not bother to test it. They just arrested my youngest son.


    Yes, my son and his gf told me it was Mexican candy. When the officer asked "what's on this spoon?", My son said "it's candy, test it". But they didn't. They just arrested him.

    Would this not be considered false arrest?

  6. #6
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    Oct 2014
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    8,025

    Default Re: Arrested for Mexican Candy

    Quote Quoting Joposey
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    Would this not be considered false arrest?
    If the police had probable cause to believe that these were drugs then the answer is no, it's not a false arrest. The cops don't have to be correct that it was an illegal drug; they just have to have probable cause to think it was a drug. The extent to which that candy could be mistaken for drugs would be important, and his attorney may well try to challenge the case based on lack of probable cause if the argument can be made that the officers should have known it wasn't an illegal drug.

  7. #7
    Join Date
    Oct 2006
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    16,263

    Default Re: Arrested for Mexican Candy

    Quote Quoting Joposey
    View Post
    He wasn't pulled over. My ex-husband, (alcoholic, wife beater, signed his rights away to his kids, tried to beat up my oldest son, etc.) called dhr and stated my oldest son was making edibles at his home with my 2 year old granddaughter. Of course this is not true, but my youngest son happen to be there when dhr and the police came to investigate. They spent 4 hours searching his home and land without permission, and found nothing of course but asked if they could search my youngest son's gf's car. The officer found a plastic bowl and 3 plastic spoons, which had the remains of the candy on it. They did not bother to test it. They just arrested my youngest son.


    Yes, my son and his gf told me it was Mexican candy. When the officer asked "what's on this spoon?", My son said "it's candy, test it". But they didn't. They just arrested him.

    Would this not be considered false arrest?
    I would like to add that my guess is that the arrest wouldn't have happened had it been a traffic stop or something like that, but the police were probably frustrated that they had just wasted 4 hours of their time searching and felt like they needed to arrest someone for something.

  8. #8
    Join Date
    Jul 2020
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    3

    Default Re: Arrested for Mexican Candy

    That's exactly what I thought. After wasting 4 hours, they didn't want to leave empty handed. But that was emotionally draining on him and myself. Because when they showed up, my son called me and I went over there. So, I actually witnessed the whole thing. It was not only emotionally draining, it was humiliating, stressful, etc. It was in the local paper and everything.

    Thank you all so much for replying to me.

  9. #9
    Join Date
    Oct 2006
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    16,263

    Default Re: Arrested for Mexican Candy

    Quote Quoting Joposey
    View Post
    That's exactly what I thought. After wasting 4 hours, they didn't want to leave empty handed. But that was emotionally draining on him and myself. Because when they showed up, my son called me and I went over there. So, I actually witnessed the whole thing. It was not only emotionally draining, it was humiliating, stressful, etc. It was in the local paper and everything.

    Thank you all so much for replying to me.
    When all is said and done, they will have to eventually prove that it was drugs rather than candy if they want the charges to stick. Get your son a good criminal law attorney (not someone that will expect him to just plead guilty to something or another just to make it go away, but one that will bust their backside to get it dismissed) and if your son is telling you the truth this should eventually go away.

  10. #10
    Join Date
    Jul 2018
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    2,434

    Default Re: Arrested for Mexican Candy

    Quote Quoting Joposey
    View Post
    They found a plastic spoon and bowl. The officers did not conduct a field test to determine what was in the bowl and on the spoon. They arrested my son for controlled substance and paraphernalia. . . . We know what was in the bowl and on the plastic spoon. It was Mexican candy bought at a local store.
    Unless "Mexican candy" is a euphemism for some illegal drug, why would anyone use a bowl and a spoon to eat candy?


    Quote Quoting Joposey
    View Post
    Are police allowed to arrest anyone when no crime has taken place and without field testing the substance they thought was thc edibles?
    The police are allowed to arrest someone if they have a warrant or probable cause to believe that a crime was committed. Whether probable cause existed to arrest your son isn't something that can be determined from the vague, second-hand information in your post. Your son needs a criminal defense attorney, and he should be discussing the details with NO ONE other than his attorney.

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