The Police Raided My House, Seized Drugs But Did Not Arrest Me. What Happens Now?
When the police raided your house it was probably because they had a search warrant. This wasn’t the type of offense where they were arresting someone based on having seen an offense committed in their presence, but they went to a judge and the judge gave them authorization to search the house and in the circumstances of the drugs, to test the substance that they seize for the presence of a controlled substance. While the police can sometimes rely on field tests and they do have field tests to test for the presence of cocaine, methamphetamine, or heroin, typical drugs that they would see on the street, sometimes they will send those drugs for testing to a laboratory, testing which can be used against a person in court and will not issue a warrant for their arrest and will not attempt to arrest them at the time of the seizure. So just because the police raided your house and they seized drugs from you and you know them to be drugs and they did not arrest you does not mean that you are getting off scot-free and that they are not going to arrest you in the future.
They are probably just waiting for the lab reports to be completed so they can have certainly sufficient cause to arrest you, and additionally, for narcotics officers there is another tactic or another reason that I believe they do this. Oftentimes, I have seen narcotics officers make an arrest, say, for one type of substance that they find during a search warrant seizure but they will not arrest the defendant for another substance that was found. So they will arrest them for the cocaine but not for the methamphetamine. Then, down the road, after the methamphetamine laboratory report comes back in, they will issue a new warrant for arrest and go and attempt to serve that warrant at the same location on that person. That gives them another shot to find new narcotics at the location. They know people that are dealing drugs will oftentimes have drugs at that location again and this gives them another bite at the apple.
So it is important that if you are going to continue to engage in illegal activity while you are out on bond, it’s not something that I recommend or we advise that you do, that you make sure that it is not occurring at a location where you are likely to be arrested for drugs that you have not been arrested for yet.
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