What if I lost my wallet and it was turned in and police found a empty baggie in it with resedue?

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What if I lost my wallet and it was turned in and police found a empty baggie in it with resedue?

I was called about my lost wallet and the cop said there was an empty veggie in it, he said I can pick up my wallet tomorrow. My friend gave me the wallet a week ago and was not aware of the baggie. What are my options and what will happen?

Asked on June 26, 2017 under Criminal Law, Utah

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

First of all, the police had to look inside to get your contact info. Therefore, there is no claim to be made regarding an illegal "search". Once found, they could test the residue to see if it was an illegal substance. Frankly, it will be very difficult to convince a judge/jury that you did not know of it. The presumption is that it is yours. At this point, you should consult directly with a local criminal law attorney who can best advise you further.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If the "residue" is drug residue, you can potentially be arrested and charged with drup possession: this is your wallet, and there is a strong presumption that any residue in it was yours. It will not be very persuasive or credible to say that you did not know there was an empty baggie in the wallet, since when someone gets a wallet, they almost invariably look through it, both to see what is in it and as they put their own money, credit cards, etc. into it. You are strongly advised to speak with a criminal defense attorney and to *not* talk to the police until you do.


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