Cops are supposed to uphold justice by collecting evidence in a manner that maintains the integrity of the system, but unfortunately, that doesn’t always happen. When the system fails, the accused are wrongly convicted, and that’s why The ABT Law Firm compiled a shortlist of the most common mistakes police make during drug arrests.
Some officers mistakenly identify prescription drugs and ambiguous powders as illegal narcotics. Unfortunately, this presumption can result in the unlawful detainment of an innocent citizen, which is a bad look for police officers.
Mishandling Physical Evidence
It’s the force’s job to obtain drug samples and handle them appropriately, but some officers fail to heed the rules. For example, an officer is supposed to package and seal collected drug samples properly, but that doesn’t always happen.
While you can argue that an open container shouldn’t stop the justice system, the reality is that there is no way to prove that an improperly secured drug sample wasn’t tampered with, and for that reason, the strength of the evidence is now in question. An incorrectly packaged sample could be inadmissible in court.
Break in Chain of Custody
Chain of custody exists because, in the past, cops have been caught planting evidence. Chain of custody is the belief that every piece of evidence needs a proper paper trail that documents its sequence of custody, control, transfer, analysis, and disposition.
Chain of custody is important because it upholds the integrity of how evidence is treated. If a piece of evidence finds its way into a courtroom, the jurors should have no doubts about where it came from and who had access to it.
Officers can inadvertently break the chain of custody by sharing evidence with fellow officers. For example, assume an officer finds weed on a suspect. If the officer takes the weed and gives it to another officer and fails to document that interaction, the chain of custody of the weed is now in question.
Have You Been Charged?
If you or a loved one has been arrested for drug-related charges, The ABT Law Firm is ready to defend your rights. Our firm is known for taking cases to trial and for getting results for your clients!
Call (678) 582-2272 now for a free consultation for your drug case!