Can Pictures of Plants be Used as Evidence in a Marijuana Cultivation Case?

[Weblurker]

I had a camera that was confiscated by police during a search. There are pictures of marijuana plants on the camera. My question is can they be used as evidence of cultivation, or do they need the actual plants? I admitted to cultivating one plant (I know. That was stupid.), but I'm afraid they can use the pictures to up the charges.

I live in Kentucky.

 

[Proserpina]

I had a camera that was confiscated by police during a search. There are pictures of marijuana plants on the camera. My question is can they be used as evidence of cultivation, or do they need the actual plants? I admitted to cultivating one plant (I know. That was stupid.), but I'm afraid they can use the pictures to up the charges.

And from which state would you hail?

 

[Isis1]

And from which state would you hail?

or cultivate.....

 

[Weblurker]

I live in Kentucky.

 

[FlyingRon]

I suspect they can. It would depend on the nature of the picture. If it's just a picture of a plant, perhaps not. If it's a picture of you in your back yard next to one, that looks grim.

 

[Weblurker]

I'm not in the picture, but there are pictures of my kitchen cabinets and my floor in the background.

 

[tranquility]

It's evidence. It seems easy to attack, but, it's evidence which would probably get in in some way. Get an attorney, it's certainly far from enough evidence to convict.

 

[justalayman]

but it is enough evidence to get a warrant to search your house

 

[BOR]

but it is enough evidence to get a warrant to search your house

I would say it is more than enough. PC for a warrant is only that evidence of a crime may exist in a certain place, not necessarily the recipient committed any offense.

PC is a lower burden of showing than "beyond a reasonable doubt".

 

[tranquility]

I completely agree with justalayman and BOR, probable cause is evident.