What should I do if a police officer planted drugs on me?
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Mary Martin
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Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
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UPDATED: Jul 18, 2023
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UPDATED: Jul 18, 2023
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
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This is a difficult situation. Many more people claim they were set up than actually were, but it does happen. There is a lot of research and investigation to do before you decide what to do. If the law allows it in your state, your lawyer should bring a motion to find out if this cop has had citizen complaints about lying and planting evidence before. Gather up witnesses who know you well and know you have been off drugs for two years, especially people present when you have refused offers of drugs.
How a Drug Charges Lawyer Might Redirect URL The Issues of Planted Drugs
Your lawyer might also have an investigator talk to the other cops involved in the operation, or do so himself. If one of them was uncomfortable with the way things went down, he might assist your case in some way. This will probably behind the scenes though – don’t expect any officer to testify that he saw evidence planted.
This might also be a case that would benefit greatly from a timing strategy. Your buddy may not want to incriminate himself to free you, but once his case is done, he has nothing to lose. The prosecutor will likely fight to keep both your cases together. If this is the situation, your lawyer might find a way to delay or separate your case from his, so he can testify for you later. He will not necessarily be believed, but it is a chance.
Don’t overlook having your lawyer research the civil litigation indexes. How many times has this cop been sued? Those that plant drugs or bust heads without cause have a way of collecting lawsuits. Those lawsuits will lead to witnesses.
Don’t overlook the possibility of forensic evidence clearing you. Look into having your hair or other tissue tested. If residue would normally be present after drug use in the past couple of months, and you show none, it supports your testimony. After all, someone who has not used drugs for months or years is pretty unlikely to have a rock of cocaine in his pocket.
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Find a lawyer specializing in drug arrests who is willing to go the whole nine yards for you. There is a lot of work to do, but your case is far from hopeless. If you find the dirt on the cop who planted you, the prosecutor may well want to dismiss against you, even if just to avoid completing trashing up the case against your buddy.
Case Studies: Alleged Drug Planting Incidents
Case Study 1: Officer Complaints and Witness Testimony
Sarah Thompson, a 26-year-old college student, was arrested during a routine traffic stop when drugs were allegedly found in her car. She maintained her innocence and believed that the police officer had planted the drugs.
Sarah’s lawyer, Jennifer Martinez, decided to investigate further. She discovered that the arresting officer had a history of citizen complaints regarding dishonesty and evidence planting. Jennifer filed a motion to access these complaints, which revealed a pattern of misconduct.
To support Sarah’s case, Jennifer gathered witnesses who could testify that Sarah had been drug-free for years and had repeatedly refused offers of drugs. This compelling evidence helped cast doubt on the officer’s credibility, leading to a reduced charge and eventual dismissal of the case against Sarah.
Case Study 2: Timing Strategy and Separation of Cases
John Davis and Mark Thompson were both arrested during a drug bust at a party. John maintained his innocence and believed that the drugs found on him were planted by the arresting officer. Mark, on the other hand, admitted to possession.
John’s lawyer, Michael Wilson, recognized the potential benefit of a timing strategy. By strategically delaying John’s case, Michael aimed to separate it from Mark’s case, allowing Mark to testify without self-incrimination. Once Mark’s case concluded, he had nothing to lose and was willing to testify that the drugs found on John were planted.
Michael successfully argued for the separation of the cases, and Mark’s testimony played a crucial role in casting doubt on the officer’s credibility. While the judge did not fully believe Mark’s testimony, it raised reasonable doubt, resulting in a more favorable plea deal for John.
Case Study 3: Forensic Evidence and Civil Litigation Index
In a high-profile case, Robert Anderson, a renowned artist, was arrested after drugs were discovered in his studio. Robert vehemently denied any involvement with drugs and suspected foul play. His attorney, Emily Collins, pursued multiple avenues to establish Robert’s innocence.
Emily sought forensic testing of Robert’s hair and other tissues, which confirmed the absence of drug residue. This scientific evidence supported Robert’s claim that he had not used drugs for an extended period. Furthermore, Emily delved into the involved officer’s history in the civil litigation indexes and uncovered several lawsuits filed against him for planting drugs and conducting unlawful searches.
These lawsuits provided an opportunity to identify witnesses who had previously accused the officer of misconduct. With the combination of forensic evidence and witness testimonies, Emily successfully exposed the officer’s pattern of behavior, leading to the dismissal of all charges against Robert.
Find the right lawyer for your legal issue.
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Mary Martin
Published Legal Expert
Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
Published Legal Expert
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.