Drug possession vs. drug paraphernalia

What is the name of your state? Illinois

I was recently stopped for making a turn without using my turn signal; I believe I did use my turn signal. The policeman asked to search my car. I said OK, without realizing that my girlfriend left her purse in my car. When he searched the purse, he found a straw that he said was drug paraphernalia, and I was arrested for drug possession and my bail was set at $1,000. How could I be charged with drug possession because it was a straw? And, secondly, should I have even been charged since this straw was in my friend’s purse?

R

Do you and your girlfriend have previous drug arrests? What was the straw for and was the length cut shorter to perhaps snort cocaine or other illegal powder type substance? If tested, would the straw contain any illegal substance residue?

I would have a problem with the search. Your girlfriend would have an expectation of privacy that nobody was going to go through her purse so a warrant would be needed by the officer.

By your own admission you were transporting a straw. Not to mention you make a turn without using a signal. They let you out on bail? I would think you would be considered a flight risk

Seems like some people think they should be aloud to do just about anything.

Mike101 said:

I would have a problem with the search. Your girlfriend would have an expectation of privacy that nobody was going to go through her purse so a warrant would be needed by the officer.

Click to expand...

Your statement only applies if she was charged. He was the one that was charged. He had no standing in arguing right to privacy. He did not own the purse, therefore, he had no expectation of privacy over the contents of the purse. If he tried to make the argument that he did have the right to privacy over the purse, he brought down that barrier when he gave consent to search. This would also connect him to the straw and the charge.

The burden is on the officer to connect him to the straw. I think he will have a hard time doing it based on the initial thread.

He could argue that he had an expectation of privacy by claiming that the purse was his, but this could turn out to be a very risky strategy, because he could stand a chance of being arrested for carrying a straw in his purse and laughed at for the rest of his life. Also, when you are locked up, you stand a much better chance of faring OK in the clink if you tell "the boys" that you are in for killing three members of a rival motorcycle gang with your bare hands, not carrying a straw in your purse.

rebuttal

OK, let me start out by saying that I am a girl. I dropped off my friend, who is also a girl - please don't interpret this the wrong way; we're just friends. Anyway, I'm from a small town and dropped this girl off at this guy's house, which unknown to me, was being watched by the police for drug activity. I honestly am not into drugs. And, I don't normally carry a purse. So, when the cop stopped me, he assumed the purse was mine. My bail was set at $1000 and I spent the night in jail. My mom bailed me out the next day. And, also my friend who I dropped off, heard about my situation and stopped by the police station to pick up her purse. The police matched her ID with her license in the purse and let her have it. (She got off Scot-free) Needless to say, she and I are not speaking. I've had to hire a lawyer and he said that the fact that the police let my friend leave with the purse (obviously the straw was taken for evidence), this should be a pretty open-and-shut case. Also, he didn't even ticket me for the failure to use turn-signal. My advice: choose your friends wisely... I truly thank everyone who posted; your advice was well-received. And, Son of Slam: Thank you for your in-depth analysis, but I would like to recommend a dictionary to you before you post.