Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
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I am very sorry for your son's situation. Technically, he can be arrested for either/both.
All that the arresting officer needed was probable cause
. The fundamental question in determining the lawfulness of an arrest is whether probable cause existed to make the arrest. Probable cause for a warrantless arrest exists when the circumstances within the arresting officer's knowledge are sufficient to lead a reasonable person to believe that a crime has been committed by the person being arrested. State v. George, 323 S.C. 496, 509, 476 S.E.2d 903, 911 (1996)
(finding probable cause for warrantless arrest for murder). Whether probable cause exists depends upon the totality of the circumstances surrounding the information at the officer's disposal. Id.; see also Beck v. Ohio, 379 U.S. 89, 91, 85 S.Ct. 223, 225, 13 L.Ed.2d 142 (1964)
(a court must consider "whether, at the moment the arrest was made, the officers had probable cause to make it — whether at that moment the facts and circumstances within their knowledge and of which they had reasonably trustworthy information were sufficient to warrant a prudent man in believing that the [Appellant] had committed ... an offense."). State v. Baccus, 625 SE 2d 216 - SC: Supreme Court 2006
In short, the spoon in the vehicle is enough probable cause to arrest either/both. His needle is enough to arrest him.
Now notice that simply being arrested is not the same as being charged or convicted. He can be arrested, but then the prosecutor has to have a prima facie
case (enough at first glance) for a reasonable chance at at conviction to survive the indictment, and even then, they'd need beyond a reasonable doubt
Ergo, a good attorney may have the charges thrown out still, or, have him be found not guilty.
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