Drug Crimes, Substance Abuse retrieving evidence

[phillip1942]

About a year ago my buddy was arrested and his backpack was taken which had some pot and some personal belongings and also a few illegal pills(which he was never charged for). He was charged at the time with the pot but now (a year later when he has the property release paperwork) he's worried they might be just waiting for him to go pick it up and rearrest him because of a couple pills. Did they overlook them? Can they arrest him after they have held the stuff for that long and not brought on any other charges after the initial ones that happened right away? He's pretty much dealt with the pot charges but is still on probation. If anyone can help out on the subject it's appreciated.
thanks

 

[CdwJava]

It is very likely that they are not going to hook him for the other pills even if they did find them. But, understand they have three years to file felony charges, so they COULD talk to him about the pills or even charge him, but I would think it very unlikely.

The choice is his, however. Is he willing to risk it?

 

[mightymoose]

Unless there is something in that bag that is valuable and he absolutely HAS to have, he should just let it go.
If he does go pick it up they will inventory the bag right in front of him.
It is possible the pills were removed and destroyed long ago.
If the pills are there then they might not realize what they are and give them back... maybe.
If they make an issue of the pills he simply has to deny that they belong to him. The pills weren't in there when the bag was taken from him, right? That bag contained pot when it ws taken from him... someone else must have put pills in there mistakenly....

They won't make an issue of it... they can't prove anything. They will just remove the pills if they are there and hand over everything else.