Legal Question in Criminal Law in Kansas

small town cops and faked evidence

Where accused is arrested w/out warrant, detained, and charged for possession of marijuana following the execution of search warrant for stolen property on accused's residence, where no stolen property was recovered. And where under threats to prosecute housemate, and promises by police during questioning to drop dug charges, accused admits to other unrelated crimes. Later police are unable to provide evidence of said marijuana to support charge of possession, is the search, seizure and arrest, detainment, and interrogation unlawful? Can unrecorded statements be deemed involuntary and suppressed as evidence against the accused? Two people living in the house, each thought the marijuana must belong to the other, but after having a chance to talk, discovered neither knew anything about it, but was willing to be charged rather than cause the other more trouble, and now have heard there is no such evidence.


Asked on 8/26/04, 10:59 am

1 Answer from Attorneys
Brian Leininger Leininger Law Office

Re: small town cops and faked evidence

If you're not an electrician but you do your own electrical work because you don't want to hire one, you end up getting zapped. If you're not a lawyer but you try to defend yourself because you don't want to hire one, the same thing happens. You have a lot of very tricky questions and a lawyer would have to do a lot of digging into your case to give you good answers. You need to hire a lawyer. Not just any lawyer, but an experienced criminal defense lawyer. Good luck.

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Answered on 8/27/04, 4:14 pm


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