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If suspected cocaine is found during a custodial search of a suspect arrested for CCW who has a CPL, what is the status of the cocaine?

  1. Cocaine is admissible because it is an illegal substance

  2. Cocaine is inadmissible because the arrest was lawful

  3. Arrest and search were both valid

  4. Cocaine status depends on state laws

The correct answer is: Cocaine is admissible because it is an illegal substance

The reasoning behind the cocaine being considered admissible lies in the nature of the substance itself and the legal framework surrounding it. Cocaine is classified as an illegal substance regardless of the circumstances under which it is found. In the context of a custodial search—following an arrest for carrying a concealed weapon (CCW)—law enforcement is justified in conducting a thorough search of the suspect. While the individual may have a Concealed Pistol License (CPL), which pertains to the legality of carrying a firearm, it does not confer any legality regarding possession of cocaine. Therefore, any illegal drugs found during this lawful custodial search can be admitted as evidence, as their possession is prohibited by law. This understanding underscores why it is important to recognize that possession of illegal substances negates the legality afforded by other permits or licenses the individual may hold.