Can you be arrested for admitting to using drugs w/o possessing any currently

Question

I live in New York State and if a police officer were to question you regarding drug use/possession and you tell them "yeah, sure I was doing drugs," without any physical evidence that you have been doing drugs (other than maybe someone giving them an "Anonymous Tip" or they "suspect" you of doing drugs) Could they legally arrest and/or charge you for any crime? Again, no physical evidence... so if the cop says..."ok...so were you doing drugs in the bathroom? Just tell us and we'll leave..." can you just say "yeah, sure, I was," just to get them to leave you the alone? (Even if you weren't) or even if you were and everything is gone.... I guess I am really just looking for some clarification on the law...

also, could they arrest you for intoxication if you said you just used drugs, but didn't really, and if they arrested you and tested you and there wasn't anything in your system...would it stick?

and Why you ask? I was stopped, questioned, detained & searched for two hours yesterday for "suspected drug possession" and I guess I was simply wondering if it were to ever happen again and I were to say "yep, was doing drugs, but they are all gone now" if I would get arrested or if they would have had to let me go 90 minutes sooner without having to wait for the two detectives and the drug dog and without the 6 cops harassing me (27 y/o female, good job, nice car, etc.)

Answer 1

It all depends on the cop your dealing with in my opinion. If there is no evidence but you are intoxicated then yes if they wanted to be jerks you would be arrested for public intoxication. If you had cool cops (they are few and far between) they would just say don't let it happen again and let you go. If I didn't do anything I definately wouldn't lie and say you did, they wont let you go, they will just keep you on your confession unless again you get a cool cop.

Answer 2

Yes, your statements are evidence.  If that particular state has laws about being under the influence they can arrest you based on that.  If it is proven that you were not under the influence (even when you said you were - by submitting to a drug and/or alcohol test) then the charge will not stick.  HOWEVER, there are penalties for lying to the police, so you could be charged with interfering with the duties of a police officer or charge of that type.  Also, you would not be able to go after the police officer because they acted based on your statement that you were doing drugs and are protected.  

Answer 3

New York State has to have an internal intoxication charge, which California has, where the person could be tested at the scene to see if they are "under the influence", as long as you were not the driver, because that would be "Driving under the influence", which would be a separate charge.  Remember the charge is "Possession of a controlled substance, or narcotics".  So, the person has to possess the drugs.  

The reason the police have that much power is because people allow them to have it.  It is not an either/or argument; drugs create situations for the police to have power and the people doing the drugs complain about police power.