Can a syringe with needle that contains blood be tested for drugs and result in a legal drug possession charge?
Question Details: During a traffic stop police conducted an unwarranted search of my vehicle without consent and confiscated syringe with needle that contained substance which appeared to be blood to be sent to a lab for testing. No arrest was made but was warned upon receiving lab results an arrest warrant would be issued. What types of testing could be done? What charges could be filed for warrant to be issued?
They can test the needle for the presence of drugs (e.g. heroin) and could charge you, the person in whose car it was found, with possession if the tests come up positive. Since a bloody needle reasonably appears to be evidence of a crime, if the police see it, they can seize it without a warrant, since the law allows the police to seize obvous criminal evidence to prevent it being hidden or destroyed.