What Happens if You’re Arrested for Drug Possession in Another State?

Question from Chrissy, What Happens if You’re Arrested for Drug Possession in Another State?

Answer from AI:

If you are a Texas driver and you get pulled over in Louisiana for expired tags, and during the stop, the officer finds a small amount of methamphetamine, several legal issues come into play. Here’s a general explanation of what might happen and what you should consider:

Legal Basis for the Traffic Stop

The officer had a valid reason to pull you over due to the expired tags. Traffic stops for expired registration are common and legally justified.

Consent to Search

You mentioned that you consented to a search of your car. When you give consent, the officer does not need a warrant to search your vehicle. However, the search must still be reasonable and within the scope of your consent.

Discovery of Drugs

If the officer found methamphetamine in your car, this would typically lead to an arrest for drug possession. In Louisiana, possession of methamphetamine is a serious offense and can result in significant penalties.

Handling of Your Vehicle

Whether the officer should have had your car towed depends on several factors:

• Expired Tags: Vehicles with expired tags are often towed, but this is not always mandatory.
• Presence of Drugs: Finding drugs in the vehicle could be a reason to tow it, especially if the vehicle is considered evidence in a criminal case.
• Discretion of the Officer: Officers have some discretion in these situations. In your case, the officer allowed your friend to drive the car away, which might indicate that the officer did not consider the car itself as critical evidence.

Search Procedures

You mentioned that the officer did not finish searching the car or search your friend. While it might seem unusual, officers are not always required to search every person or complete a thorough search of the vehicle, especially if they believe they have already found sufficient evidence.

Next Steps and Legal Advice

Given the complexity of your situation, it is crucial to seek legal advice. Here are some steps you might consider:

1. Contact a Lawyer: Consult with a criminal defense attorney who is licensed to practice in Louisiana. They can provide personalized advice based on the specifics of your case.
2. Understand the Charges: Make sure you understand the charges against you and the potential penalties. Louisiana has strict drug laws, and possession of methamphetamine can lead to severe consequences.
3. Gather Evidence: Collect any evidence that might support your case, such as witness statements or video footage of the traffic stop.
4. Know Your Rights: Familiarize yourself with your legal rights during traffic stops and searches. The American Civil Liberties Union (ACLU) provides resources on this topic.

Resources

For more information on your rights and the legal process, you can refer to the following resources:

• ACLU: Know Your Rights – Stopped by Police
• Louisiana Supreme Court

Remember, this information is general and not a substitute for professional legal advice. Always consult with a qualified attorney to discuss the specifics of your case.