Why would an offer suspect he found drugs in my car and not charge me, arrest me or make me sign anything?

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Why would an offer suspect he found drugs in my car and not charge me, arrest me or make me sign anything?

I gave permission to search in the car. He claims that he found a baggie in the passenger side door. He said he was going to have it tested and then issue warrants for me and my passenger. Am I liable? Is this legal?

Asked on February 21, 2019 under Criminal Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

We can't definitively say *why* this officer did this, since we can't read his mind. We can speculate that 1) he wasn't 100% sure it was drugs when he saw it, so he wants to ensure it is drugs before charging, either out of fairness or because he does not want to be embarrased if it turns out to not be drugs; and/or 2) he is contemplating offering to make one or both of you an offer to become a confidential informant or provide information about a dealer or source to avoid charges--that is, he thinks you could help him bag bigger game. (Those are the likely legal reasons; if the officer is corrupt or criminal, he could be planning to use this information to shake you down or blackmail you.)
As to potential liability: if there is evidence to show that it may have been your drugs, either solely or in part (e.g. you and the passenger where sharing them), or that you were knowingly helping your passenger transport drugs, then yes, you would be liable.


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