What Happens If the Police Are Caught Planting Evidence?

What Happens If the Police Are Caught Planting Evidence?

Body cameras may reveal police misconduct

In recent months, the Baltimore Public Defenders’ Office released two videos that showed officers of the Baltimore Police Department planting drugs. In the first video, an officer turns off his body camera and then places a bag of alleged drugs in a backyard; he then turns his camera back on, and “finds” the drugs. However, the body camera captures the thirty seconds prior to activation, so it actually captured the officer planting the drugs. In the second video, several officers searched a vehicle and found no drugs. They then turned off their body cameras. After they turned the cameras back on, an officer leaned into the vehicle and pulls out a bag of what is alleged to be drugs. As a result, the Baltimore State’s Attorney’s Office dropped drug charges against the defendants who had been charged in those cases, as well as forty charges in cases that relied on the testimony of officers involved in those videos. The office is reviewing criminal charges in over fifty more cases.

The increased use of body cameras across the nation, including in California, may lead to additional cases such as what was recently seen in Baltimore, where aggressive criminal defense attorneys learn through the discovery process that police have planted drugs on their clients. This is considered a form of police misconduct. As a San Bernardino criminal defense attorney can tell you, if the police have committed misconduct such as planting evidence, then there are ways to use this information to your benefits.

Each case and factual scenario will be different, but in many situations, your San Bernardino criminal defense attorney will likely start with attempting to have the criminal case against you dismissed. For example, if the police planted drugs on you — as was apparently the case in at least two cases in Baltimore — then evidence that they did this could be used to demand that the prosecution drop all charges against you. However, there may be additional remedies for police misconduct.

Depending on the type of violation involved and the facts of your case, the police may have violated your constitutional rights. If you have suffered a specific harm, such as losing your job, then you may be able to seek damages for what you have lost based on the police action of planting evidence on you. However, these cases are tricky and involve questions of immunity for certain state actors. A skilled San Bernardino criminal defense attorney can help you understand if you have a potential constitutional law or civil claim against the police.

If you have been charged with a crime, it is vital that you have a zealous San Bernardino criminal defense attorney to represent you. If they exist, a dedicated lawyer can find these types of violations and police misconduct in your case, and will work to get you the justice that you deserve. The Chambers Law Firm represents people who have been charged with crimes in San Bernardino and the surrounding areas. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation today.

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