Cops caught stealing and eating pot brownies, what should happen to them?

[Zappykins]

sundin13 said:

Zappykins said:

sundin13 said:

"They were trying to claim that they had an 'expectation of privacy' and this it was ok for them to steal and destroy (eat) evidence."

...I don't think you (or whoever wrote this) understands what you are talking about

Hun?  They were claiming, through the Police Union, that the evidence against them was illegally obtained and they can not be prosecuted.  In California it is illegal to record someone without their consent, they were claiming the evidence of their wrongdoing could not be used because they did not give consent.

 The judge rejected their claim. They can be prosecuted.

 

 

 Other questions?

 

The statment "it was ok for them to steal and destroy evidence" is falacious and sensationalist. Like you said, this is a case of inadmissible evidence, not a defense. There is a huge difference between the two. A defense is essentially an excuse for the crime, such as a claim of self defense in a murder trial. This essentially makes what would have been a crime legal. Inadmissible evidence on the other hand simply strikes the evidence down (as well as the fruits of the poisonous tree) and allows the case to proceed if there is still enough evidence.

The language you used showed a clear lack of understanding or a clear spin. That misrepresentation is why I said that you didn't know what you are talking about.

So you think it is acceptable behavior for the police to things normal citizen would get trouble:

Destroy Evidence - California law, Penal Code 135 PC, makes it a crime to destroy or conceal evidence that you know is relevant to a court case or legal investigation.

Take and distribute prescription medication with a perscription - 11350.  (a) Except as otherwise provided in this division, every person who possesses (1) any controlled substance specified in subdivision (b) or , or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or  of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, unless upon the written  prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code.  (b) Except as otherwise provided in this division, every person who possesses any controlled substance specified in subdivision (e) of Section 11054 shall be punished by imprisonment in a county jail for not more than one year or pursuant to subdivision (h) of Section

Possession of Marijuana in the USA - ANY amount. Unlike many states, the federal law does not qualify possession by amount. Possession of any amount of marijuana (even a single marijuana cigarette) is punishable by up to a year in jail and a fine of $1,000 on the first offense. The second offense carries a 15-day mandatory sentence, and can be extended for as long as two years in prison. Any possession after that gets a 90-day to three year prison term, and a $5,000 fine.

Plus, they are enforcing laws and harassing people with laws they clearly do not think should be enforced.

And by the way, their claim of inadmissible evidence has been thrown out by the judge.  Call it 'spin' if you want, it doesn't invalidate anything.