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Q - I have
an interesting legal dilemma.
I am facing
a caution over possession of approx £10 of marijuana,
but it was seized prior to my arrest for supposed sexual
assault (for which I was not charged, and which has
been dropped). However, the search was made BEFORE the
arrest as I attempted to dispose of it, and I am told
that search rights made as an addition to an arrestable
offence must either be via written or AFTER the arrest,
which it was neither. Now, the question I have is "are
the police able to claim search rights through The Misuse
Of Drugs Act 1971" or would they be unable to seeing
as they were there on a different matter? I would appreciate
A - Police
are able to search anyone they have reasonable grounds
to suspect may be in possession of controlled drugs,
without an arrest, under s23 of the Misuse of Drugs
even evidence obtained without legal authority is usually
admissible in the UK courts. In the US the sentences
are heavier, but the rules on admissibility of evidence
are much tighter.