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During a police stop, they should not search your car without probable cause. The 4th amendments says no unreasonable search and seizure. Normally, police will ask permission, but if you refuse they can detain you and seek a warrant.

Often during a search which finds "suspected" drugs, the police cannot arrest a person until they have "proof" of drugs. Most police departments carry test kits for some drugs, such as cocaine. But, other "suspected drugs" require laboratory confirmation before the police can arrest. Therefore, they confiscate the suspected substance but have no reason to hold you; then, the arrest warrant comes days or weeks later when the presence of an illegal substance has been confirmed.

To add a slightly different example, let's say you were stopped because your license plate was obscured by mud so badly nothing could be seen. They approach the car and as you roll down the window, the police smell alcohol and the distinctive smell of marijuanna. They ask for your driver's license and registration and as you open the glove compartment, two baggies containing "white powder" falls out in plain view. You tell them you don't know what it is; field testing is inconclusive. They ask you to perform the standard tests to determine if you are drunk and you display signs of being impaired. They arrest you for drunk driving and take the "white powder substance" for testing. You know that the bag that only has "residue" is your cocaine but you honestly don't remember the other bag--what is it?? You are out on bail for DUI when you are arrested for the "residue" in the 1 bag. It turns out the other baggie belonged to your girlfiend; it's corn starch that she took with her the last time you went to the beach together because corn starch takes the sting out of sunburns. So you can't be charged for "possessing" corn starch. But the police still had to send it to the lab. You, in turn, sigh in relief that you only had "residue" of a drug. But, you still go to jail and pay fines, etc.

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Q: When stopped for liesence plate light cops serch car find drugs then let driver leave with no ticketarrest or anything then charges are filed a month latter?
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