Can a syringe with needle that contains blood be tested for drugs n result in a legal drug possession charge?

During a traffic stop police conducted
an unwarranted search of my vehicle
without consent and confiscated syringe
w needle that contained substance which
appeared to be blood to be sent to a lab
for testing. No arrest was made, but was
warned upon receiving lab results an
arrest warrant would be issued. What
types of testing could be done? What
charges could be filed for warrant to be
issued?

Asked on January 26, 2019 under Criminal Law, Louisiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

They can test the needle for the presence of drugs (e.g. heroin) and could charge you, the person in whose car it was found, with possession if the tests come up positive. Since a bloody needle reasonably appears to be evidence of a crime, if the police see it, they can seize it without a warrant, since the law allows the police to seize obvous criminal evidence to prevent it being hidden or destroyed.


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