Drug Crimes, Substance Abuse Possession charge for drugs not in my immediate possession

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bilnmend

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I reported my purse lost or stolen to a market in Des Moines Iowa. It was found but while looking for an ID an employee found pot & called police. Police came and searched, Meth was also found. Can I be charged with possession when the purse was not in my possession at time of search & hadn't been for the proceeding 4 hrs. Did the store employee have the right to go threw every container in the purse?
 
Yes and yes.

The defense can always try to argue a lack of probable cause or establish reasonable doubt at trial, but if the dope was found in an area of the purse that only you might have access to - such as your pocket book, behind your license, etc. - then you might have a tough time of it.

I suspect a plea bargain may be in your future unless the purse was found in someone else's possession or the dope was tossed in casually so as to make reasonable doubt more likely. But, most people don't abandon their dope in a purse they find hanging around ... and, if no money or other valuables was missing, it makes the possibility even more unlikely.

Moral of the story, if you have dope in your stolen purse, it is probably not a good idea to report it stolen.
 
I never carry a purse but I was going on a trip so being the estate sale junkie that I am I purchased this backpack/purse at one 2 days before leaving to carry my camera, crossword puzzlebook, pens etc in. There is a zipper compartment ar rhe bottom outside of the purse that the dope was found in. None of my personal things were found with it. Obviously, I never checked that compartment. Had I known there was dope in it I would have never reported it
 
Then your attorney can make an argument for reasonable doubt. It might be that the DA will not even pursue the matter if you engage an attorney to address it soon enough.
 
Lawyer up... you have good arguments to make. Even though the dope was yours you probably have a good chance of making it all go away.
 
bilnmend said:
I never carry a purse but I was going on a trip so being the estate sale junkie that I am I purchased this backpack/purse at one 2 days before leaving to carry my camera, crossword puzzlebook, pens etc in. There is a zipper compartment ar rhe bottom outside of the purse that the dope was found in. None of my personal things were found with it. Obviously, I never checked that compartment. Had I known there was dope in it I would have never reported it
Click to expand...

Junkies don't forget where their dope is, and typically use it very shortly after getting it.
Hold to your story though... you don't want to get caught mixing it up.
 
Funny, I just met someone who told me she went to her neighbors yard sale last year and purchased some mens shirts and found 3 "bendles" containing cocaine in one of the pockets. She learned that the neighbors brother had been living there but was now in prison and she was selling his stuff. Leaves me to wonder how rare is it that we find more than we paid for. My original question was to probable cause for search not "Do you think this is a believable story?" Fact can be stranger than fiction but I thank you for your thoughts on this
 
Ya know, I have yet to come across anyone who was caught with dope and alleged to have found it in second-hand clothing who dd not happen to have a drug history.

But, yes, a search of a found purse that had been reported missing is almost certainly lawful.
 
bilnmend said:
My original question was to probable cause for search
Click to expand...

This isn't so much about probable cause as it is about reasonableness.
In this case, the search of the purse was legitimate for a few reasons. First, to find any kind of identification to learn who the owner is. Second, since marijuana had been found it was reasonable to search for any additional contraband. Third, to inventory the property as there could be large amounts of cash, valuable jewelry, or other items that could potentially "walk away" if not documented.

Considering that you were not in possession of the purse for some time before it was found you may be able to fight the possession charge and the police will have to settle for a confiscation of the contraband. However, considering the short period of time you were without the purse that may turn out to be a weak argument. Lawyer up and find out.
 
Just got back from Iowa. Paid a fine for the medical marijuana, no probation. Prints were found on packaging of meth that did not match mine so those charges were dropped. The "system" does work.
 
My advice to everyone, leave illegal drugs alone.

In fact, avoid anything that isn't legal.

Steer clear of trouble and troublesome people.
 
If it hadn't been in your possession for 4 hrs and you had reported it lost, the prosecution will have trouble establishing that the drugs were yours, but let's face it, not too many people find someone else's purse, put THEIR drugs in the purse and then they also lose it, to have it later found in the same store that you lost it in.

They would have trouble getting a conviction, but let's face it, We all know what happened and you shouldn't be using drugs, but if you do, at least be smart enough not to carry them where they can so easily be found.

Be grateful the drugs weren't found in your purse during a traffic stop. As far as the employee going through your purse, tough luck. Nothing will happen to her for that. The fact that she did, won't disallow the drugs from being admitted as evidence in court because she was not acting as an agent for the government, but I doubt you'll be charged.

Take this incident as a warning and a wake up call not to use drugs. Life is better when you're not on drugs. Seek help if you can't stop.
 
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