Legal Question in Criminal Law in Minnesota
Destruction of evidence
can a criminal case be thrown out of court when law enforcement destroys evidence that could have been fingerprinted and used to prove government agents and officals had a hand in setting up a meth lab ???
2 Answers from Attorneys
Re: Destruction of evidence
The answer is not a simple one. It would require a full review of the case.
Certainly, the destruction of critical evidence may be a basis for a Motion to suppress other evidence or testimnony and in cases where the evidence was clearly necesssary, to dismiss the case depending on the particular facts.
For a consultation call 612.240.8005.
Re: Destruction of evidence
Can one be dismissed by a judge? Yes, it's possible. Whether it would actually happen would depend upon numerous other factors, however. The most important factor is whether you have a good defense attorney, like me. Other important factors would include how much other evidence they have, what evidence the defense has that the government misconduct was wilful, etc.
FFI: http://www.liberty-lawyer.com
http://www.liberty-lawyer.com/drugcrimecharges/drugstatutesmn.html
or call me.
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