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Drug Charges

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C

CaliShelli

Guest
Califonia

I was pulled over after leaving a friends house. The cop kept asking me if I new that the house I had just come from was owned by a known drug dealer? He insisted that I make a buy for him. I refused. He searched me, handcuffed me and stuck me in his vehicle. He kept saying that he knew I had just bought drugs. He then started searching my car, without permission. He was insisting there were drugs in it. He did not find anything in the car. He returned to his vehicle holding something in his hand, claiming he found a vial next to the car. He did a field test and said the contents tested positive for meth. He continued to press me to make a buy for him. I still refused. He took me to jail. During strip search he found 3 baggies roughly totaling 20 gms.
The baggies were submitted into evidence,along with the "supposed" vial, which I never saw and I did not have.
Police report stated I dropped the vial.
Lab report stated 4 baggies were submitted into evidence. The cop said he put the contents of the vial into a baggie because they would not take glass into evidence.
He orginally arrested me for under the influence and possesion, based on the contents of the vial.
In court I was charged with poss. and sales.
Do I have the right to demand he present this vial? And isn't it considered tampering with evidence by changing its packaging? If so should'nt the evidence from the jail be thrown out? And shouldn't I have been charged with under the influence?
 


calatty

Senior Member
If the police did not have a legitimate reason for pulling you over, your attorney should move to suppress the evidence based on the illegal car stop. It is not true that the police do not take glass into evidence and it will be up to the jury whether to believe you had a vial even thought the police cannot produce it in court. His tampering with the vial will not affect the charges, which were based on what was found in the strip search. They don't have to charge you with every crime you supposedly committed. Often they choose not to charge someone for being under the influence if they can charge them with the more serious crime of possession for sale.
 

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