If an officer took my pot/paraphernalia without issuing me a citation, can he later issue a ticket or arrest me if I don’t become an informant?

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If an officer took my pot/paraphernalia without issuing me a citation, can he later issue a ticket or arrest me if I don’t become an informant?

I got pulled over and searched by an undercover officer. He found 1.5 grams of marijuana and paraphernalia. He told me that he had enough to get me with intent; I said that it was not possible being that Ihad under 5 gms, which is now decriminalized in the state of MS. Also no paraphernalia charge could be given if a “possession of marijuana” charge was present. He promptly replied, “Well this isn’t a courtroom, is it?”, cuffed me, and put me in the back of the police car. Shortly after, he came to the car and offered me a “narc” job. He did not issue a citation and left with the pot.

Asked on July 21, 2011 Alaska

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you were stopped by law enforcement, searched and contraband was disocvered upon your person, the police officer had the option of either arresting you, issuing you a citation that you had to sign, or letting you go with a warning.

It seems that you were let go with a "warning" so to speak.

If you have not been cited or arrested yet, then there is very little chance of it happening in the future. The police officer had his opportunity at the time to do either cite you or arrest you. He did neither.

It appears that the police officer simply wanted to put a "scare" into you and nothing more. Hopefully you learned a lesson from this experience.


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