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    brian.lopez's Avatar
    brian.lopez Posts: 2, Reputation: 1
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    #1

    Feb 15, 2011, 04:51 AM
    Is evidence suppose to be place in law enforcements pockets unsecurely
    In Va I was sitting on private property and was accused of smoking weed no evidence to support officers claim. When asked to search my car I replied no it was done officer then placed a roach in his pocket unsecured walk off for 30 min then comes back and charges me
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Feb 15, 2011, 04:53 AM

    There is something called the chain of evidence. If that chain is broken a decent defense attorney can have the evidence thrown out.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Feb 15, 2011, 05:12 AM
    So where did the roach come from, was it on the ground, or was it in your hand or behind your ear ?

    And if he took possession of it, from YOU, and held it in his pocket, he can arrest you latter within the SOL of the crime if he believes it is enough evidence.

    He has to show you had it in YOUR possession, before he took it from you.

    Did he see you throw it on the ground ? If it did, he can testify to that.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Feb 15, 2011, 06:44 AM

    Hello:

    If you said NO to the search, and they did anyway, the search was illegal.. I HATE cops.

    The war on marijuana is costing us 19 billion $$'s a year, and we're still arresting people for roach's...

    excon
    brian.lopez's Avatar
    brian.lopez Posts: 2, Reputation: 1
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    #5

    Feb 15, 2011, 08:48 AM
    What is chain of evidence
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Feb 15, 2011, 09:15 AM
    Quote Originally Posted by brian.lopez View Post
    what is chain of evidence
    It's a metaphor for the entirety of the testimony concerning what happened to the roach (or whatever) from when it was found on your person (or wherever it was found) to the officer's pocket, to the next officer, to the next, until, in court, someone testifies that "this roach" was found (wherever).

    It would have been easier to answer this question if you had answered ours.

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