Q: Can the case be dismissed because police included evidence in the chain of custody that never existed?
While pulled over on an interstate after a pretextual traffic stop, and a few 4th amendment violations occur, a search of the victim – vehicle reveals narcotics. The driver has a small amount of narcotics on him, the other does not.The vehicle is removed from the highway, the defendants are searched, handcuffed, and placed in two police vehicles. The car is taken to a tow shop and searched (more drugs are located) A 3rd officer appears and writes a chain of custody and a chain of events. The defendants are transferred to county jail. The next day the two arresting officers write up their reports. The officers note the chain of custody, its procedure, and proper protections that had been adhered to. After the arrest and defendants booked into jail, the original two officers claim that they each find a joint on the other person in the car. During the search, 8 joints are found, 8 joints are recorded in the chain of custody to and from the lab. One individual had no drugs on their person.
A: The answers you seek can only come after an attorney has investigated all the facts and circumstances. There might be a viable motion to suppress, we simply cannot tell from the conclusory statements that you make. Hire a private criminal defense attorney who has decades of experience in handling matters like this.
A: It all depends on the facts and circumstances and whether or not the police officers had enough evidence to further the search of the car. If there is violation in the search that evidence can be suppressed and ultimately dismissed which would drop a few charges. You would need an attorney to sit down and look at the specific facts of the case to see whether or not there is a search and seizure violation that needs to be brought to the attention of the court.
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