Caught in the act
Question
I was caught in a pub with some coke, they took the drugs off me and a mate of mine told me the drugs would end up with the police. The bag had some of my spit on it and the police already have my DNA on file. Could they link the two and use it as evidence to prosecute me? Have you heard of this sort of DNA testing happening before.
Answer
Getting caught with drugs can be a scary and confusing experience. Your concern about the DNA testing is a good example of this confusion. There are drug laws that set out the penalties for possession, but police can use their own judgement on arrest and charge based on the circumstances.
It's not clear if you were arrested and charged. If you were caught by the police with the coke on you it would seem that the police would already know that it belonged to you without having to do a DNA test. But if the drugs were handed over to the police by the pub management and they didn't know who you were then the DNA testing of drugs after confiscation is not known practice and, if used by the police, would be considered to be a civil liberties issue.
The best place for you to go for further advice on this is Release. They provide a legal services helpline to answer questions by phone, on 0845 4500 215, or email.
Although you only wanted to know about the DNA testing, it is always important to find out about the risks and effects of cocaine use to ensure you stay safe. If you want confidential advice and information about your drug use or want to find a support service near you, you can search the Frank database of local agencies.
Updated: 12/04/2010
Question answered by Addaction
