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Delayed Arrest?

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phunkyrhythm

Junior Member
What is the name of your state (only U.S. law)? Arkansas

I was confronted by two police officers outside my apartment. After searching me and finding me to be in possession of illegal drugs, they started asking me questions about the source. They took my information and said that they were sending the substance to the crime lab for testing. After I repeatedly asked of I was under arrest and did I need to talk to a lawyer (they answered no every time), they told me that a supervising offiicer would be in touch with me. I never got in contact with the detective. Several nights ago, one of the original officers came back to my house and asked why I had not talked to his supervisor. He said that it is a serious offense and if I did not talk to his supervisor, he would get an arrest warrent and I would face felony charges.
My question is: Can an officer confiscate evidence without making an arrest at that time and then use a delayed arrest as leverage against me?
 


FlyingRon

Senior Member
Certainly they can.
It's the old talk to me now or we can talk downtown.

Where's Joe Friday when we need him.
 

phunkyrhythm

Junior Member
If no arrest was made, how can they use the evidence they found? There is no documentation and it looks a little fishy that they can take something and not arrest me at the time. They left, I went home.
Do you have any legal expertise or evidence to support what you are saying when you replied "Certainly"? Or are you just saying this because you think it is right?
 

HomeGuru

Senior Member
If no arrest was made, how can they use the evidence they found? There is no documentation and it looks a little fishy that they can take something and not arrest me at the time. They left, I went home.
Do you have any legal expertise or evidence to support what you are saying when you replied "Certainly"? Or are you just saying this because you think it is right?
**A: can you provide any legal evidence that states that the drugs you were in possession of were not considered illegal substance?
 

Some Random Guy

Senior Member
There is no law that says that the police must arrest you immediately on a drug possession charge. They are able to gather evidence and build a case before charging you. However, there is a statute of limitations for how long they can wait before charging you. This limit is based on your state and the exact charge they will be applying.

If you believe that the police are not following proper procedures for confiscating and logging evidence, you should discuss that matter with an attorney after you are charged. If you feel that you are being pressured to become an informant and you do not want to do that, contact an attorney now.
 
so, your upset you didnt get a reciept for your drugs?

police investigate and collect evidence all the time. its kinda there job. you might have to get a lawyer anyway, so might as well get one now. call there bluff if thats what you suspect.
 

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