CH> drugs.  However, absent some other indication that you were
CH> in such possession and faced with a reasonable claim that
CH> they are legal drugs authorized by a  prescription I would
CH> have one big hole in my probable cause if I didn't check out
CH> your story.  Now if you just sit there and invoke the fifth
CH> amendment.......that's a different story.
RW>HUH!  I thought failure to consent to a search or
  >refusing to answer possibly incriminating questions
  >couldn't be used to support PC.  But what do I know. .
You are correct.  However, in the situation described above
when you are found in possession of the drugs, probable cause exists
absent some explanation that would establish  the legality of your
possessing them.  Moreover, you do not have to answer incriminating
questions in order to state to the officer: "I have a prescription
for those drugs from XYZ pharmacy issued by Dr. Smith".  If you do
have that prescription there is nothing in that statement to 
incriminate you.  If you don't, then you'd be well advised to keep
your mouth shut.
CHARLES HUNTER
 * 1st 2.00 #9124 * My stress is bigger than your stress!!!!
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