Arrest, Search, Seizure, Warrant Conditions for Drug Arrest

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Joshuaadude

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i know that if you are in possession of drugs, you will definitely get arrested, but what if you are on something but do not possess it on your body?

for example, my friends were trespassing once and they were smoking weed and a cop started to interrogate them. they simply explained that they were taking a shortcut home and he let them go. the cop knew that they were smoking but he let them go because he could not find any weed after he searched them.

and then of course, there are the clinics and rehabs for people with drug abuse. i take it then that as long as a person does not possess the actual drug, he or she cannot be arrested?
 
i know that if you are in possession of drugs, you will definitely get arrested, but what if you are on something but do not possess it on your body?
Then you can get arrested for being under the influence of the substance. This may well depend on your state law and the substance consumed.

There are even some states that will argue an "internal" possession for some drugs, so it really depends on where you are.

for example, my friends were trespassing once and they were smoking weed and a cop started to interrogate them. they simply explained that they were taking a shortcut home and he let them go. the cop knew that they were smoking but he let them go because he could not find any weed after he searched them.
Lucky them.

In my state, to be arrested for being under the influence of marijuana, you would have to be unable to care for yourself or others (i.e. way stoned - just like being drunk and stumbling about). Methamphetamine or cocaine, on the other hand, would not be held to the same higher standard.


- Carl
 
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