Legal Question in Criminal Law in Utah

i was stopped for no insurance. the sheriff happened to be a k-9 unit. they said our dog is going to walk around your vehicle. well, they claim the dog had something by the driver front. i was asked if they could search my vehicle i said no. i was then ordered out of my car. they asked if i had anything in the car. i did and gave them a crack pipe. they cuffed me put me in a car and continued to search. the console was locked and i didnt have the key. they broke into it and found a syringe and empty baggie. i was citied for no insurance and drug paraphernalia both class b misdemeoners. the case was dismissed. then they refiled charging me with 2 felony possessions all based on residue. the items were not tested in front of me, and how is residue a possession of a controlled substance

Asked on 3/03/10, 10:46 am

Kelly Ann Booth Bautista Booth Parkinson, PLLC

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Under Utah law, even reside is considered possession. No law requires law enforcement to test the substance in front of you.

Answered on 3/08/10, 11:25 am

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