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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 29320
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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I was arrested after purchasing one box of Sudafed. it was

Customer Question

I was arrested after purchasing one box of Sudafed. it was un opened and in my purse.another passernger in the car had in his possession one un opened cold pack.they never asked why I had the pills.they locked me up and waited till the next day to read me my warrant. should we have even been arrested?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Did the officer give a reason for stopping the car or approaching you? Did you give him permission to search the car/your purse? When you went before the judge, was there any indication they had any evidence other than what they found in your purse after stopping you?

Customer: replied 1 year ago.
the officer said he was watching us and knew what I had purchased. I pulled the bag out and gave it to him intack. no the judge didn't indicate anything. he read the warrant to me which states we had several items that could be used in the manufacturing of meth. I only had 1 item.
Expert:  Lucy, Esq. replied 1 year ago.

To stop you, he needs probable cause to believe that a crime has been committed. If he really has been watching you, then he'd need to have set out all the reasons he thinks you were making meth into an affidavit and asked a judge to issue an arrest warrant. Buying one box of cold medicine, in and of itself, is not a crime. You have a right to ask the district attorney for copies of all of the evidence against you, which would include any warrant affidavits.

And it sounds like you may also have a basis for filing a Motion to Suppress evidence based on the officer's act in stopping you without probable cause. If the evidence found on you is suppressed, then the charge will have to be dropped unless they have other evidence (which, again, you have a right to see).

It may help to have a local attorney file the motion for you. If you cannot afford a lawyer, the judge will appoint one for you at no charge unless the district attorney waived all possibility of imprisonment at your appearance.

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