Legal Question in Criminal Law in Florida

can they still arrest me

officer searche room with my permission found drugs did not arrest me that night can they?


Asked on 11/22/05, 8:22 am

2 Answers from Attorneys

Valerie Masters Valerie Masters, P.A.

Re: can they still arrest me

yes they can

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Answered on 11/24/05, 2:41 pm
Richard Hornsby Richard E. Hornsby, P.A.

Re: can they still arrest me

Absolutely, they can still arrest you if the drugs were felony amount or type. This is called a direct file and is a common tactic of police, that way when they arrest you they can search your immediate area and try to charge you with more.

It generally works like this, cops somehow get permission to search your house (usually under teh pretense they will not arrest you or get a warrant if you cooperate). They find drugs and keep their word by not arresting you. They then file an affidavit with a judge for an arrest warrant, or file the affidavit with the State Attorney, either way an arrest warrant gets issued. The cops then come and arrest you later on.

The only exception to this is if the drugs found were under 20 grams of marijuana. In that case only a summons can be issued, because this is a misdemeanor.

Be careful.

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Answered on 11/22/05, 8:49 am


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