Legal Question in Criminal Law in California

If I have a LEGAL SUBSTANCE in my car and The Sheriff's Department detains me for reason of laboratory testing of the substance and they do in fact find that the substance was LEGAL and not controlled in any way by any Federal or State laws, can I be compensated for the sample that was used for testing and the time I was in jail (since I am in school and that would cause me to miss school).

Asked on 9/30/13, 1:04 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

No, unless there is more to the story. If the police had probable cause to believe they were dealing with a controlled substance, the fact that they turned out to be wrong would not make them liable for reasonable actions they took based on their mistaken belief.

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Answered on 9/30/13, 1:34 pm

Anthony Roach Law Office of Anthony A. Roach

You should talk to an attorney in person for a consultation. My gut instinct when I read your post is to respond, "it depends."

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Answered on 10/02/13, 11:01 am

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