   Hypothetical legal scenario
  Imagine the following hypothetical scenario: you borrow a friend's car, not knowing that there is a briefcase full of cocaine and money underneath the driver's seat. You are pulled over for speeding. At some point, the officer orders you out of the car and conducts a search. He finds the briefcase, and you are arrested for drug possession with intent to distribute.At court, your lawyer argues that the search was illegal, based on the usual reasoning involving the exclusionary rule; evidence obtained illegally cannot be used in a trial. The trial judge agrees, and since there is now no longer any evidence to support the charges, the case against you is dismissed.Since evidence in a case must be returned to you if you are acquitted, what happens to the briefcase, since it contains (presumably illegal) cocaine? Would accepting it again be a free pass for the police to arrest you, since you are now in possession of an illegal substance? Or would it constitute double jeopardy, since it's those same drugs you were just accused of having and you can't be charged twice for the same crime?[edit]: Whoops, forgot the subject.[Edited by - kSquared on June 20, 2006 10:25:16 AM]
  Even if obtained in an illegal search, illicit substances will be retained by the authorities, even if there is no grounds for prosecution. (At least in the US.)   ;  I can verify that any monies or illicit substances on your person are permanently confiscated in Canada.It's as if "You're free to go, but we're keeping your money just in case you really are a drug dealer." -- VERY STRANGE   ;  damn, looks like you're not gonna get your hands on that "hypothetical" cocaine.   ;Quote:Original post by kSquaredwhat happens to the briefcase, since it contains (presumably illegal) cocaine? Do you have any idea to turn it into presumably legal cocaine? [smile];Quote:Original post by kSquaredImagine the following hypothetical scenario: you borrow a friend's car, not knowing that there is a briefcase full of cocaine and money underneath the driver's seat. You are pulled over for speeding. At some point, the officer orders you out of the car and conducts a search. He finds the briefcase, and you are arrested for drug possession with intent to distribute.Sounds like "Desperation". 'Course, then the cop turned out to be a psychopathic killer possessed by an ancient demon named "Tak"....Can't say there's any legal precedent for handling ancient demon possessions.   ;  I think the question is, why do you have a friend with a briefcase full of coke in his car?edit:Also, isn't it illegal to drive a car which you don't have insurance for?   ;Quote:Original post by SiCraneEven if obtained in an illegal search, illicit substances will be retained by the authorities, even if there is no grounds for prosecution. (At least in the US.)Yes.I'm assuming the exclusionary rule here is because there was no consent to search/no cause to search?This happens a lot when police frisk someone (who is NOT under arrest - only a cursory search for weapons is allowed), and find drugs in a pocket. Clearly, the evidence wouldn't be allowed in court, but the police do have to file it. It's illegal, it could NOT be returned to you.   ;Quote:Original post by bytecoderedit:Also, isn't it illegal to drive a car which you don't have insurance for?Actually, I would like an answer to this one...   ;Quote:Original post by bytecoderI think the question is, why do you have a friend with a briefcase full of coke in his car?edit:Also, isn't it illegal to drive a car which you don't have insurance for?No. As long as you have the owner's permission (verbal or otherwise), you may drive the vehicle. Otherwise it would be illegal to, for instance, teach your children how to drive. Of course, if you don't have the owner's permission then you're stealing the car, but that's another matter entirely.   