Charges Dropped Amid Claims of Planting Evidence

Charges Dropped Amid Claims of Planting Evidence

This is one of those cases where the innocent vitim is very luck to have been sitting in view of a camera, and the cops not realize otherwise.

A man who claims a police officer planted drugs on him will have the charges dismissed one day before his case was set to go to trial.

Eleby said his nightmare began in July 2012 at the Chevron gas station on North Hairston Road.

He said he stopped to speak to someone who was sitting in a black SUV when an officer said he smelled marijuana and arrested the driver on charges of marijuana possession with intent to distribute.

"I was searched twice," Eleby said. He said no drugs were found on him and he was told to sit down.

His attorney said surveillance video from the location shows the officer call the officer guarding Eleby over to the SUV he had been searching.

As she searches the vehicle, Zenobia Waters said the video shows the officer circle back to her client and toss marijuana next to him. She said the officer then picks the drugs up and repositions them.

The video shows Eleby vehemently protesting what he sees the officer do and the officer then puts him in a chokehold while other officers look on.

Chokehold.  A chokehold because he complained about being framed. 

"The DeKalb County Police Department could not produce the alleged marijuana. Therefore, the State is without the evidence needed for trial. The dismissal is not related to how the alleged marijuana came into existence at the scene of the crime nor the videotape made at the scene of the crime."

I've heard stories that some cops drive around with an exta baggie of cocaine or mairjuana in their trunk that they can throw down by a suspect when they need to make a case.  The missing marijuana is probably already back in the officer's trunk helpking him make more cases. 

Without the video, it would be his word against at least two officers in front of a jury pool with at least a few people who think that anyone accused of a crime must be guilty of something.  He should have pulled out his cell phone and started recording.   That would have made some good, embarrasing YouTube video for this cop. 

Full article here.

Continue reading
4455 Hits
0 Comments

Drug Dog's Nose is Good Enough

Drug Dog's Nose is Good Enough

One of the biggest abuses of power I regularly see is in the use of "drug dogs."  Police use a drug dog's "alert" to allow them to search places they normally can't legally search.  That's all well and good if the dog is reliable, but in this story we read about a drug dog that is right only 26% of the time!  That means that roughly three out of every four times the dog alerts, an innocent person is subjected to an illegal search.

But that's not legal is it?  Surely the courts wouldn't allow a dog that's wrong 75% of the time to be an excuse to ignore the Constitution?  Think again:

The nose of a drug-sniffing police dog is not so sharp, but it's good enough to support cocaine charges against Herbert Green.

. . .

Green's lawyer had argued that Bono's track record — drugs were found just 22 times out of 85 "alerts" by the dog — was so poor that police lacked probable cause to search Green's SUV.

. . . 

Bono "may not be a model of canine accuracy," Conrad wrote in an opinion filed Thursday in U.S. District Court in Roanoke.

. . .

At a hearing earlier this month, Assistant U.S. Attorney Ashley Neese defended the performance of the German shepherd.

In some cases where nothing was found after an alert by Bono, police later determined that drugs had been in the vehicle earlier, likely leaving an odor the dog was trained to detect, Neese said.

Taking those cases into account, Conrad found that Bono's accuracy rate was at least 50 percent.

Continue reading
4747 Hits
0 Comments