People who manufacture, sell or use drugs usually have drug paraphernalia in their possession. Some people might not realize that they can face criminal charges for this drug paraphernalia even if they don’t have drugs.
This can be a rather complex area of the law because some paraphernalia have a legal use that isn’t associated with drug crimes. When a police officer finds paraphernalia, they have to determine what the items are being used for. There are several things that they will look for when they do this.
One of the primary things they look at is what else is around the items when they’re found. For example, a digital kitchen scale likely won’t cause suspicion if it is on the kitchen counter around food preparation items. If that same scale is found in the trunk of a vehicle or on a living room table with small baggies in the area, it might be considered paraphernalia.
A few items that might be considered paraphernalia include glass pipes, roach clips, miniature spoons, kits to freebase cocaine and bongs. Other items can also fall under this classification. These include things like small bags, razor blades, syringes and chemicals that are used to cut drugs.
Remember, when you encounter police officers, they have to abide by the laws governing search and seizure. They also have to abide by the U.S. Constitution. If you’re facing charges for drug paraphernalia, be sure to let your attorney know if you believe that your rights might have been violated. This might prove to be an important component in your defense.