QUESTION
If a person is filmed on video smoking a controlled substance. Can that person be charged for a crime?
Asked on Aug 12th, 2012 on Criminal Law - Texas
More details to this question:
This has been an ongoing argument I have had with my collueges. If the veiwer of the film has no way to know for certain what
is in the pipe, this raises a reasonable doubt and should therefore not be prosecuted as a criminal offense. However the act IS
criminal and someone has video taped it could it be prosecutable?
1 ANSWER
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Could a person be charged? There is always a chance an officer would charge someone for video evidence of someone smoking. However, to convict the state would have to prove beyond a reasonable that the substance was a controlled dangerous substance, and therefore would need other evidence than just the video. Also, the video could be used as evidence of possession of paraphernalia, so it is best not to smoke your completely legal substances in a suspect smoking device on video.
Answered on Aug 15th, 2012 at 9:23 PM