QUESTION
In an undercover reverse sting operation involving controlled substances, does the government have to know the weight prior to using it in the sting?
Asked on Sep 22nd, 2012 on Criminal Law - Massachusetts
More details to this question:
Is it acceptable for them to be clueless as the weight and have the weight confirmed five weeks after the sting? Should there be some policy or procedure regarding the use of controlled substances in sting operations. I believe it is not acceptable for a police agency to not know the amount of drugs that were brought to a sting. Thank you for your help.
7 ANSWERS
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Yes.
Answered on May 22nd, 2013 at 2:03 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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I don't know from what you said that they did not know the weight. You said it was confirmed that may just mean it was the same amount as they expected.
Answered on Sep 27th, 2012 at 4:36 PM
Michael J. Breczinski
Well it would be a point to argue to the jury that they should acquit becasue of such a sloppy operation.
Answered on Sep 27th, 2012 at 4:36 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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No. It's irrelevant to the case.
Answered on Sep 27th, 2012 at 4:36 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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This is an issue which your attorney should look into. I agree with you that they should account for every little bit of substance. But this will require research to explore, and a weaving of the results to reach the conclusion that we want.
Answered on Sep 25th, 2012 at 2:33 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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Certainly there must be some record of the weight in a controlled buy to know that the actual amount was not tampered with. If it was unrecorded or an error was found it should provide your lawyer with the basis for a motion to suppress. I cannot tell you whether or not it would be successful without a lot more information.
Answered on Sep 25th, 2012 at 2:31 PM