Q: If drug paraphernalia(syring)was found in your vehicle and the officer takes a picture and disposes of the syring,
Can that picture be used in trial or do they have to provide the paraphernalia I.e syring because it physical evidence. Can you please respond to this question and any case laws you may have on this topic. Thank you.
A: It may bge possible to challenge the admissiblity of evidence that the police intentionally destroyed. Your lawyer may be able to file a motion in limine to have the paraphernalia excluded because the police destroyed it. Alternatively, the photos may be inadmissible. The police are certainly not supposed to destroy evidence, and a photograph is not a suitable substitute for the actual evidence.
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