Legal Question in Criminal Law in Oklahoma

evidence

I have a friend that got arrested and the stuff that he got arrested for was left out at his house. Is it evidence and shouldn't they have taken it with them to the station? Well people have been out at his house since he got arrested and stolen most of his stuff they even have taken the evidence which was a tank. Don't the police need that as evidence to have at the trial? Can they still chagrge him with that with out the tank.


Asked on 3/12/03, 12:55 pm

1 Answer from Attorneys
Terry Pierce Pierce Law Firm, P.C.

Re: evidence

Well, without knowing exactly what your friend is charged with, it is hard to tell exactly what would constitute evidence of that crime.

Typically, when a tank is connected with a crime, I am reminded of anhydrous amonia used for a particular method of cooking methamphetamine; but without specifics I can't tell you. Let me say this though: typically, cops are not in the habit of leaving incriminating evidence behind. Sometimes drug lab components will be disposed of, but rarely just left behind. Further, the fact that they leave some relevant evidence at the scene (or/and eventually just lose it) does not automatically preclude the da from filing charges; however, that could make the state's case more difficult to prove.

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Answered on 3/12/03, 4:44 pm


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