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

UPDATED: Oct 1, 2022

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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

Asked on January 26, 2019 under Criminal Law, Louisiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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