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Old 11-06-2010, 10:35 PM
 
337 posts, read 584,998 times
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Are Police Officers when they pull you over allowed to demand you handover prescription bottles that are in plain view for them to look at then question you on the prescriptions, the validity on how you obtained the scrips, and why you take them?
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Old 11-06-2010, 11:46 PM
 
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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.
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Old 11-07-2010, 04:53 AM
 
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I
Quote:
Originally Posted by Mike409 View Post
Yes, they can. Prescriptions are a controlled substance. .
Not 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.
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Old 11-07-2010, 05:48 AM
 
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Interesting to see the "plain view" doctrine. For instance if an empty beer bottle is in plain view it is fair game. It would be fair to say that prescription bottles are fair game.
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Old 11-07-2010, 07:18 AM
 
Location: Near the water
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yep.....a little thing called probable cause
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Old 11-07-2010, 07:56 AM
 
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Why would you have prescription bottles in plain view at all?
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Old 11-07-2010, 07:56 AM
 
Location: Greer
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Quote:
Originally Posted by BLUEDIAMOND64 View Post
Interesting to see the "plain view" doctrine. For instance if an empty beer bottle is in plain view it is fair game. It would be fair to say that prescription bottles are fair game.
That may be true, but anything past identifying your name on the prescription bottle should be none of their business, right? Surely police officers have no business second guessing doctors.
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Old 11-07-2010, 07:58 AM
 
Location: Near the water
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Originally Posted by gvsteve View Post
That may be true, but anything past identifying your name on the prescription bottle should be none of their business, right? Surely police officers have no business second guessing doctors.



It's not about second guessing doctors. It is about those who are stealing and buying drugs illegally to get jacked up on.
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Old 11-07-2010, 08:23 AM
 
Location: The place where the road & the sky collide
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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.)
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Old 11-07-2010, 09:24 AM
 
Location: Union County, NC
2,115 posts, read 6,439,570 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.
All prescriptions are NOT controlled substances. For instance, let's begin with antibiotics.

If I had questions about the legalities of what took place during a traffic stop, I'd contact an attorney as opposed to an anonymous group of people (self included) on the Internet who spout replies without consideration to the validity of the response. Why waste your time?
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