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. .
CH> You are correct. However, in the situation described above
CH> when you are found in possession of the drugs, probable
CH> cause exists absent some explanation that would establish
CH> the legality of your possessing them. Moreover, you do not
CH> have to answer incriminating questions in order to state to
CH> the officer: "I have a prescription for those drugs from XYZ
CH> pharmacy issued by Dr. Smith". If you do have that
CH> prescription there is nothing in that statement to
CH> incriminate you. If you don't, then you'd be well advised
CH> to keep your mouth shut.
So if I exercise my right I go to jail. . .great system
we have ain't it.
Remember: Freedom isn't Free!
--- timEd-B11
---------------
* Origin: My BBS * Dover, TN * (1:379/301.1)
|