pot bust??

[leso varen]

What is the name of your state (only U.S. law)? First time poster from Western Kentucky.

My wife got in a car accident today was taken to the hospital for minor abrasions; the problem was that she had bought a little pot, less than 1/4 oz., and tucked it into her vagina when she had the accident, to keep from getting caught.

Without a warrant they threatened to do a body cavity search because a witness to the accident said she looked like she was trying to put something down her pants. They obviously expected contraband.

Important to note she wasn't charged with d.u.i, no blood test, breathalizer, etc, as she really wasn't driving under; but****************************.

The marijuana was retrieved; but the cop never arrested her or charged her with a crime; never turned it in to the hospitals lab, where local procedure has the lab testing any contraband found on a person, who has been in an accident.To my knowledge he left with it?? Not even an evidence bag??

So, my question is; Can he charge her at a "latter" date for the possession?As he stated that he would contact her "in a couple days, to see how she was doing" Whateverthat meant?

As a police officer if he witnesses the commision of a crime is he not obligated to arrest immidiately??

It's certainly not a situation where any investigation is necessary. The weed was in his hand, lol.

Would someone who is knowledgeable on these matters please clear this up for me? Is it to late to arrest now? Is she in the clear?

Thanks Leso

[HighwayMan]

You don't know what happened to the marijuana, so it's hard to speculate.

How do you know it wasn't taken into evidence? Maybe the officer brought it back to the station and vouchered it as evidence pending testing. Who retrieved it and did you see anyone hand it over to the officer? Who threatened her with a cavity search?

And no, your wife doesn't have to be charged with anything right away. That might come later. There is no obligation to arrest immediately.

I don't think there is any state left that considers simple possession of a small amount of marijuana a "crime".