If a cop confiscates illegal narcotics, can they come back and arrest you days later for the aforementioned narcotics?
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If a cop confiscates illegal narcotics, can they come back and arrest you days later for the aforementioned narcotics?
On the way back to his apartment my neighbor was stopped by a plain clothes officer who identified himself. Upon finding out which apartment he lived in the officer said that he was the exact individual he was looking for and that there were reports of an odor of marijuana coming from his apartment. My neighbor was honest and handed over the small amount of marijuana he had on him. The officer then entered the apartment and confiscated several pieces of paraphernalia. The officer escorts my neighbor to his car and offers him the following,
Asked on August 2, 2017 under Criminal Law, North Carolina
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
There is no law that requires a suspect to be arressted on the spot. While tyically that is what occurss, for various reasons, this is not always done. Further, this is true whether or not contraband is confisacated at the time of the incident. The fact is that a person can be arrested days, weeks, months, sometimes even year, depending on the crime involved nd other factors.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Yes, you *can* be arrested days after the drugs or other contraband are confiscated or otherwise found on you or in your possession. There is no law or other legal requirement that the authorities charge you on the spot or not at all. They typically have at least 6 months, and often several years, to bring criminal charges if they choose to (that is, depending on the exact charges in question, the "statute of limitations," or time within which to bring charges, is generally between 6 months and several years).
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