Legal Question in Criminal Law in California
Cops wighing evidence??
The Cop who pulled me over illegally for the old '' lit up license plate'' was the same one who wrote down and wieghed the ''evidence'' which was just residue in a baggie, is this allowed in a criminal case ?? is that allowed? it was not even a usuable amount and the amount he stated was a lie
2 Answers from Attorneys
Re: Cops wighing evidence??
There is no rule against the evidence being weighed by the same officer who pulled you over. You will be able to challenge the weight at trial if you want to, though it will be hard to explain any purported increase in the amount after the officer found it.
Keep in mind that the law's definition of "usable" is probably different from yours.
You need to get a lawyer if you haven't done so already.
Re: Cops wighing evidence??
The evidence of any residue eventually needs to go to a crime lab where it will be analyzed and weighed. The arresting cop did not violate any rule per se by trying to weigh it himself even though it is a bit strange. You should get yourself a good lawyer or have a public defender appointed if you cannot afford one.
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
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