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illegal arrest

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sylver65

Junior Member
What is the name of your state (only U.S. law)? Texas
my son was stopped for expired registration; his vehicle searched; all they found was a box of soda [arm and hammer/yellow box]; arrested him and his passenger for possession with intent to distribute, $20,000 bond. A narcotics officer pulls him aside from other person and gives him his name and phone number to call after he bonds out as they want him to help them and give them names of suspected drug dealers. My son goes to jail and tries to get a PR bond but the judge refuses it. He mails me a letter telling me that they are telling him they will make the charges go away if he works "contract" with them to help catch drug dealers that he may know names, phone numbers. I am furious about this because it seems to me it is a civil injustice, plus puts him in danger and me in danger as he lives with me. He has not gotten out of jail because I am not posting bond, and I have not talked to him. Am I crazy or isn't this illegal of the police department?
 


cyjeff

Senior Member
What is the name of your state (only U.S. law)? Texas
my son was stopped for expired registration; his vehicle searched; all they found was a box of soda [arm and hammer/yellow box]; arrested him and his passenger for possession with intent to distribute, $20,000 bond. A narcotics officer pulls him aside from other person and gives him his name and phone number to call after he bonds out as they want him to help them and give them names of suspected drug dealers. My son goes to jail and tries to get a PR bond but the judge refuses it. He mails me a letter telling me that they are telling him they will make the charges go away if he works "contract" with them to help catch drug dealers that he may know names, phone numbers. I am furious about this because it seems to me it is a civil injustice, plus puts him in danger and me in danger as he lives with me. He has not gotten out of jail because I am not posting bond, and I have not talked to him. Am I crazy or isn't this illegal of the police department?
I am not qualified to comment on your mental state.

I can say that confidential informants are used all over the country everyday.

I am curious as to why he was arrested for baking soda. Was it separated into little baggies or something?
 

FlyingRon

Senior Member
Yup, but he wasn't charged for that...

I am wondering how they went from a box of Arm&Hammer to intent to distribute...
The statute I referred is "INTENT TO DISTRIBUTE" it's just for simulated drugs as opposed to actual ones.
 

CavemanLawyer

Senior Member
It is exceptionally difficult to prove man/del of a simulated substance unless there is at least an actual attempt at delivering it. Its not a crime to possess a simulated substance with intent to deliver, you have to actually deliver it, do something specific to represent it to another person as being a controlled substance, or there has to be evidence that you manufactured it. Bottom line, it is almost never charged except when the person gets caught selling drugs and the lab report later comes back negative for a controlled substance.

What is much more likely is that there was actually some amount of cocaine found in the car and it was charged as possession with intent to deliver because of the baking soda since that is what is used to turn cocaine into crack cocaine.

As for the actions of the police that is very common and if your son isn't interested in "working off" his case then he can simply refuse and let them file the charges.
 

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