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A Baltimore cop, identified as Richard Pinheiro, was recorded on video planting drugs then "finding" them moments later - in front of two other unnamed cops. The video was made possible due to Pinheiro's body camera being designed to keep the 30 seconds of video prior to it being "switched on".
Charges against the civilian suspect have been dropped; no word yet on any criminal charges against any of the three cops.
Also at Ars Technica, The Baltimore Sun, USA Today and vox.com.
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Body Cam Records Baltimore Cop Planting Drugs While Two Others Watch
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If the thunder don't get you, then the lightning will.
(Score: 3, Insightful) by Immerman on Friday July 21 2017, @02:02PM (3 children)
If possession is not illegal, then what grounds would they have to confiscate? Unless of course you've got sufficient quantity that you're "clearly planning" to distribute - which has already shown itself to been a rather slippery slope when distribution faces higher penalties.
(Score: 2) by Taibhsear on Friday July 21 2017, @02:54PM
"Although you will likely not be charged with a crime, if you unknowingly bought stolen goods, you will probably have to return them to the rightful owner. The thief (or thieves) will then owe you the purchase price in restitution."
http://blogs.findlaw.com/blotter/2014/08/can-you-get-arrested-for-buying-stolen-goods.html [findlaw.com]
I'd say that if possession is not illegal, the selling of it to you was illegal, in this situation. Thus either the rightful owner would need it back or it would need to be confiscated as evidence.
(Score: 2) by urza9814 on Friday July 21 2017, @09:49PM (1 child)
If sale, manufacture, and distribution are all illegal, then the substance is still evidence of a crime, and could be seized on those grounds. And in fact it might make prosecution easier -- if possession is banned, they can't compel you to testify about where you got the drugs, because that would incriminate you for possession which violates the fifth amendment. But if you only ban distribution and manufacture, they CAN compel you to testify, then they can go bust your dealer.
(Score: 2) by Immerman on Saturday July 22 2017, @12:33PM
Okay, I suppose that could work. So long as we're not talking about the most popular of illegal drugs, which literally grows as a weed in a wide range of conditions.