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cops withholding evidence

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ugh123

Junior Member
Can an arresting officer allow an off duty police officer to take evidence of a handgun that was found by other officers while searching off duty sons car on a probation stop. It gets tricky.... The handgun was the father’s old gun issued through the county Sherriff department that he works. The father sold this gun to his son . The father signed a paper through his place of work (police department) stating that he would sale the gun to anyone. His son was pulled over by probation officer because he looked suspicious. Probation Officer asked if he had anything in the car and he said he had marijuana and pipe. They found a gun and an open box of beer in trunk. They searched his car and charged him with Felony intent to deliver(separately packaged), paraphernalia, and possession of alcohol under 21. During this search, a lot of odd things happened. This kid’s father was called to come and get the handgun (due to it getting him in trouble with his work), they never took the gun in for evidence and it’s not in any of the police reports. The car was searched by two different people and they overlooked a scale and another pipe in the console. As I said before, they charged him with and alcohol under 21 because he had a 30 pack of beer in his trunk (13 were gone). However, they did not take add the beer as part of the evidence seized. It seems as though the cops were protecting the father because they knew of the severity if the Sheriff found out that he sold his gun to his son. Also, the car and sons cell phone was given to father. Isn’t this withholding of evidence or tampering? Could the case be dismissed due to the uncertainty of the evidence that was found in the search? How much more was found? Or was any of the seized evidence tampered with?
 


sandyclaus

Senior Member
Duplicate thread: https://forum.freeadvice.com/arrests-searches-warrants-procedure-26/drug-charges-cops-withholding-evidence-587446.html
 

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