Q: Person is recorded by security cameras in restaurant, consuming cocaine.
The person is caught by security camera, consuming cocaine. The person is not caught by law officers possesing cocaine or anything, just recorded in restaurant. Is the police going to investigate this or get involved at all? Is the restaurant obliged to hand this evidence to police? Thanks.
A: Nobody can predict if the police will investigate. But it would be difficult to charge somebody without recovering any of the alleged narcotics.
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This would be a very difficult case to prosecute because the DA's office would need sufficient facts to prove the substance the person in the video snorted was in fact a controlled substance. See: People v. Dumas, 68 N.Y.2d 729 (1986).
If you are arrested, make sure you exercise both your right to remain silent as well as your right to counsel.
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