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Old 11-07-2010, 02:30 PM
 
1,877 posts, read 4,306,597 times
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Quote:
Originally Posted by Whytewulf View Post
Not a legal expert, but anything in plain view when an officer pulls you over is up for review. All perscriptions are controlled, even anti-biotics. I.E. if you need a perscription, it's controlled. So an officer can ask if it's your perscription and verify it. Done and Done.
Perhaps, as a matter of semantics, but legally, no all prescriptions are not controlled. Schedule II-V medications can be legally prescribed, and have a medicinal purpose. These are your narcotic medications, including morphine, opiates, diazepam, etc. Schedule I meds have no medicinal purpose and a high risk of abuse. Schedule VI meds have no medicinal purpose, or low risk for abuse. In no case, are prescriptions such as antibiotics and cholesterol meds "controlled".

The only law that would be applicable in relation to the presence of medications in an individual's vehicle is that law which pertains to a person driving under the influence of a mind-altering substance. That being said, unless the individual being questioned is under arrest for DUI, I cannot see how plainly visible bottles would warrant such questioning.

I am well aware that narcotic prescription abuse has become a huge problem. However, I am against the idea of giving up my Constituionally granted rights to aid LE in reducing it. This scenario plays hand in hand with the NC State Sheriffs Association wanting to maintain a registry of who narcotics are prescribed to. The state maintains a database of narcotic RXs to help prevent doctor hopping and filling of multiple RXs by the same person- above that, a person's medications are the business of the patient, the physician, and the pharmacist alone.
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Old 11-07-2010, 02:31 PM
 
Location: Greer
1,610 posts, read 2,021,077 times
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Quote:
Originally Posted by Chromekitty View Post
It's not about second guessing doctors. It is about those who are stealing and buying drugs illegally to get jacked up on.
The question of whether the drugs are stolen or illegal can be conclusively resolved by verifying the name on the bottle. Anything more than that - like the police officer asking you why you're taking it, is none of his darned business, and it is unprofessional of the officer to ask.
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Old 11-07-2010, 03:42 PM
 
509 posts, read 1,643,115 times
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Quote:
Originally Posted by CherryTwist View Post
It's not the same analogy. An open beer bottle is a clear violation of NC's open alcohol container law. If the police see this they are within their right to take action.

On the other hand a prescription bottle is not covered by the same law. A prescription bottle in a car is not illegal and it doesn't even have to belong to you. It is illegal to drive under the influence of prescription drugs but unless the police are ready to charge you with a DWI, then they have no right to ask you for it. BTW, it is not illegal to have in your possession a prescription bottle that belongs to someone else. As long as you didn't steal it and are not taking it yourself this is fine.They can look for crimes being committed in plain view, but possessing a prescription is not a criminal activity. They absolutely can't go on treasure hunts. This means they can't take your prescription bottle and subject you to questions on whether it is legal or not. You have the absolute right not to testify against yourself and any policeman who tries is going to have a tough time in court. On the other hand, in the real world, as I said earlier, you have to judge this against the abuse you will most likely get from a policeman who doesn't understand this line.
Are you an attorney?
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Old 11-07-2010, 03:50 PM
 
Location: Near the water
8,231 posts, read 11,589,094 times
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Quote:
Originally Posted by gvsteve View Post
The question of whether the drugs are stolen or illegal can be conclusively resolved by verifying the name on the bottle. Anything more than that - like the police officer asking you why you're taking it, is none of his darned business, and it is unprofessional of the officer to ask.

It isn't that easy......this isn't about being professional or unprofessional, this is about what they can and can not do.
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Old 11-07-2010, 04:11 PM
 
171 posts, read 277,494 times
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Quote:
Originally Posted by Chromekitty View Post
A LEO can search a vehicle w/out the drivers consent. (some municipalities require a search warrant do not, but that is easy enough)
You can not have in your possession a prescription bottle that is not yours
or a spouses. And you best not be carrying meds that aren't in that prescription bottle.
"some municipalities" probably means you are making assumptions.

Please cite the NC State Statute that allows the police to perform a vehicle search without a warrant or probable cause and which would make evidence found during such a "treasure hunt" admissible in a NC court. While you are at it please cite the statute that makes it illegal to have in your possession some one else's prescription. (If a friend,for example, accidentally leaves his pills in your car, you have not broken the law).

Again cite the statutes or I stand by my comments.
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Old 11-07-2010, 04:41 PM
 
Location: Near the water
8,231 posts, read 11,589,094 times
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Quote:
Originally Posted by CherryTwist View Post
"some municipalities" probably means you are making assumptions.

Please cite the NC State Statute that allows the police to perform a vehicle search without a warrant or probable cause and which would make evidence found during such a "treasure hunt" admissible in a NC court. While you are at it please cite the statute that makes it illegal to have in your possession some one else's prescription. (If a friend,for example, accidentally leaves his pills in your car, you have not broken the law).

Again cite the statutes or I stand by my comments.
not making assumptions......we have LEO's in our store several times a
week and this topic was one of conversation one afternoon. YOU are free
to search statute etc.......perhaps that would be the thing to do and not play an attorney on the internet. You yourself are going on your opinion.
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Old 11-07-2010, 05:05 PM
 
5,150 posts, read 6,643,982 times
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This is in the Bill of Rights and doesn't need to be codified in the state.

Here is the text:

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Here it is on shipping tape: https://secure.eff.org/site/Ecommerce?store_id=2441

I wish the OP would have gone into more detail. I can only imagine this may have been a DWI type situation and they did what the LEO asked though I'm betting they didn't have to and perhaps there's reasons to regret after the fact.

If a driver was intoxicated and pill bottles were in plain site then the LEO may have had reason to ask. BUT the original question was can he "demand" and usually the answer is no.

Cops simply cannot search a car without consent unless there is some immediate issue not mentioned in this post. But if they ask questions and you volunteer to give the answers then your millage will vary. Usually in a bad way.
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Old 11-07-2010, 05:27 PM
 
337 posts, read 585,631 times
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Quote:
Originally Posted by CherryTwist View Post
INot so fast. I would say that if they did this, they are on very shaky legal ground. They are absolutely not allowed to go on "treasure hunts" in searching people without some probable cause a crime that a crime has been committed. In the case of a prescription bottle, it's perfectly legal so regardless on if it is plain view or not, the police have no right to demand to see it, unless, they have reason to believe you obtained it illegally.

The down side of this of course is the police seem to ignore basic constitutional law and will give you a hard time even if they are exceeding their authority. As usual, it's the honest people who are losing their rights.
This is what I'm seeing an Atty for tomorrow, for starters my feeling, now I say feeling as Im not a lawyer, but RX's are not controled substances as I'm a Nurse and just because it's an RX bottle doesn't mean what's inside is a control. However when faced w/ a yelling and armed officer what else are ordinary citizens going to do, give in and then I was embarrassed and furhter questioned, when I gave one word answers I was told I'd be pulled out the car, and I was resisting, which I find funny cause I recalled a video on TV or UTube that showed officers yelling "Stop Resisting" before the person did anything, and then began beating the person down.

Funny how that works!
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Old 11-07-2010, 05:29 PM
 
337 posts, read 585,631 times
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Quote:
Originally Posted by Mike409 View Post
Holy sentence Batman!

Yes, they can. Prescriptions are a controlled substance.

IMO, if asked if they were yours, I would answer yes(if they are, of coarse).

Beyond that? Like why are you taking them, it's none of there business. The only business that is theres is, if the script is yours and if the pills in the bottle are the same pills on the label AND that there is a label on the bottle.
Mike, guess you may want to check your adivce a bit, while I appreciate it when you start out w/ all RX bottles are controlled substances that's false, I'm a Nurse and an RX bottle does not constitute a controlled substance. However there are categories of controls, plus the officer had no idea what the RX's were when asking for them.
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Old 11-07-2010, 05:31 PM
 
337 posts, read 585,631 times
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Quote:
Originally Posted by southbound_295 View Post
I would imagine that legality of questioning about the drugs would depend on what the prescription drug is.

After major surgery last winter, I was not allowed to drive for just over 2 months, at first because of the surgery, but the last couple of weeks because of the painkiller that I was taking (I had complications that extended my need for the painkillers.)
PS Pain killers do not disallow you to drive, all Pain meds say use caution when operating a vehicle, not you can't operate a car, if that was the case half the country would be staying at home. LOL!
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