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Police say test shows Downey used cocaine

Robert Downey Jr.

CULVER CITY, California (CNN) -- Results of toxicology tests Thursday showed that actor Robert Downey Jr. had cocaine in his system when he was arrested last month, police say.

Downey, 35, was charged with a misdemeanor count of being under the influence of a controlled substance after his arrest in Culver City on April 24.

"We'll take the case to the district attorney's office and ask them to file charges," said Culver City police spokesman Lt. Dave Tankenson.

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The charge carries the possibility of a year in the county jail.

Meanwhile, a hearing on charges of felony cocaine and Valium possession, stemming from Downey's arrest in a Palm Springs hotel suite last Thanksgiving, is set for May 24.

Downey could be sentenced to four years and eight months in state prison if convicted on all those charges. He is free on $15,000 bond.

Downey's attorneys have filed a 300-page motion that challenges the legality of the search of the hotel room in the Palm Springs case. The motion also seeks to get rid of the possession of Valium charge, citing a discrepancy in the California Health and Safety Code.

The California State Department of Corrections ordered that Downey spend at least six months in a live-in facility after his arrest in Culver City. Downey's attorneys say a facility has not yet been chosen, partly because of security concerns.

Downey was released from state prison in August after serving time for violating his probation on other drug-related offenses.

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