Searched and Siezed. powder in bag; Illegal Search

What is the name of your state (only U.S. law)? OHIO

Last night me and two friends were pulled over for speeding and i was the back seat passenger. Without any consent or probable cause, (and as a matter of fact I made it vocally clear that we did not consent to a search), we were searched and on me they found a bag of what I believe to be epsom salts, but was purchased with the intention of buying MDMA (so I was ripped off). I told them that it was a bag of epsom salts and nothing illegal and they did not charge me at all. They said that they would have it analyzed and if it was illegal it would put a warrant out for my arrest. I have no certainty about what was actually in that bag. I did however ask them if I could have my property back once they found it to be not-illegal, as I believe in preserving our civil liberties. Also, the driver was (during the illegal search) found to have a marihuana pipe in his pocket.

I Have two questions about this situation...

What are the chances they will actually test that substance? They already haven't charged me...

Also, If i go into the station and try to claim my property back tomorrow, which I would do solely for the purpose of standing up for civil liberties, would they have to give it to me? They have no proof it is something illegal and had no lawful grounds to search me in the first place. For them to test it would cause them to have to possess my property for an unreasonable amount of time for someone who did nothing wrong in order to have their property taken.

What should I do?

ThanksWhat is the name of your state (only U.S. law)?

genos92 said:

What is the name of your state (only U.S. law)? OHIO

Last night me and two friends were pulled over for speeding and i was the back seat passenger. Without any consent or probable cause, (and as a matter of fact I made it vocally clear that we did not consent to a search), we were searched and on me they found a bag of what I believe to be epsom salts, but was purchased with the intention of buying MDMA (so I was ripped off). I told them that it was a bag of epsom salts and nothing illegal and they did not charge me at all. They said that they would have it analyzed and if it was illegal it would put a warrant out for my arrest. I have no certainty about what was actually in that bag. I did however ask them if I could have my property back once they found it to be not-illegal, as I believe in preserving our civil liberties. Also, the driver was (during the illegal search) found to have a marihuana pipe in his pocket.

I Have two questions about this situation...

What are the chances they will actually test that substance? They already haven't charged me...

Also, If i go into the station and try to claim my property back tomorrow, which I would do solely for the purpose of standing up for civil liberties, would they have to give it to me? They have no proof it is something illegal and had no lawful grounds to search me in the first place. For them to test it would cause them to have to possess my property for an unreasonable amount of time for someone who did nothing wrong in order to have their property taken.

What should I do?

ThanksWhat is the name of your state (only U.S. law)?

Click to expand...

Talk to your attorney...and only your attorney.

When you told them that you did not consent to a search, what did they say?

If they have it seized as evidence, they are not simply going to release it because you wander in and claim the search was bad. They are not likely to just let it go without the assent of the DA or a court order.

Consult legal counsel.

Unless you are certain there is no illegal substance inside that salt or whatever it is, it is recommended for you to hire an attorney or speak with one. What will he do is to try to take the case over before DA determines if you have a case or try to talk with them or whatever they do.

Pretty much, if you don't think that salt could be legal then get an attorney. It might cost you some money for the lawyer of course but that's how it is.

Have you been arrested for illegal drugs before?

It is likely that they will send it to be tested. I'm surprised they weren't prepared for that. It may take a while and if it's illegal, a warrant will be issued without you're knowledge. They will pick you up when you are not expecting it and search you again. Not much you can do about that but worry and wait. Hopefully they just got rid of it or didn't bother with the paperwork or better yet it was salt. But, expect the worst and be careful. As far as the search goes you will just have to wait for the police report. I can't guarantee, but am confident that probable cause will exist in the report. Do not count on getting it thrown it out on those grounds. goodluck.

Chapter 2925.01 (O) in the Ohio Revised Code states that: “Counterfeit controlled substance” means any of the following:

(3) Any substance that is represented to be a controlled substance but is not a controlled substance or is a different controlled substance.

Since the "salt" was supposed to be MDMA the possession of the salt is contrary to the law. They can charge you with the possession of a counterfeit controlled substance. I wouldn't advise going in to try to get your counterfeit drugs back.

If they do charge you, get an attorney.