Legal Question in Criminal Law in California

ownership of evidence

2 empty baggies containing a ''usable amount'' of a controlled substance were found in the battery compartment of a clock in a hotel room during a random, unwarrented, fourth waiver search. these baggies were not ours, we never saw them before or knew of there exsistance. they were clearly left there from a previous guest. but my boyfriend is being charged with them. the public defender said there was no way to test for fingerprints on a baggie due to the texture, when we requested it be done. is that true? help!


Asked on 6/08/07, 5:07 am

2 Answers from Attorneys
Eric Sterkenburg Law Office of Eric Sterkenburg

Re: ownership of evidence

You should get your own finger print expert to test the baggies. Was the clock the hotels?

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Answered on 6/08/07, 2:30 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: ownership of evidence

Was the clock dusted for finger prints. The person who placed the baggies in the clock would have touched the clock. The lack of your finger prints on the clock, assuming that the fingers prints of others are on the clock, should show that you did not place the baggies their.

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Answered on 6/09/07, 10:57 pm


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