Legal Question in Criminal Law in Pennsylvania

when property is seized during a warrentless search, what procedures must law enforcement follow to protect the integrity of the evidence? LE came to my house on an "anonymous report" re: alleged meth lab activities. During a 'walk through search' of my domicile a nearly empty cannister of TranQuility bath salts was taken by the officer who indicated he was sending it to lab due to recently being illegal in PA. I was not issued a receipt for my property nor was it placed into a sealed evidence bag, he merely 'chucked' it into his coat pocket. Now, three and half months later I am being charged with possession under the new federal ban on synthetic cathinones (MDPV specifically) even though the cannister was empty except for dusty residue since I had had it for over three months and never bothered to throw out the container. I believe I am being harassed for no other reason than an inflated, power tripping egomaniacs' agenda.

Asked on 2/27/12, 10:30 pm

1 Answer from Attorneys

John Davidson Law Office of John A. Davidson

So you got caught with something you knew was illegal. I doubt it's some power tripping egomaniac's responsibility. No dude you were being stupid. From here it looks like you should be thankful being stupid isn't a crime in Pennsylvania. From the sounds of it you consented to the search. Next why did you hang on to the container? Saving it for your museum?

{John}

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Answered on 2/28/12, 6:28 am


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