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What Constitutes Evidence Tampering or Falsification of Evidence By the Police

By Harold Obrien posted 07-12-2021 12:06 PM

  

Committing a crime can get you into a lot of trouble, but tampering with evidence is another crime as it destroys or changes the evidence there is in the hopes that the tampering will affect the outcome of a criminal investigation,

Intentional police interference

Tampering with evidence is bad enough when it’s civilians but when it’s one of the law enforcement officers involved with intentional interference with an investigation, it’s a serious criminal offense. Police brutality lawyers have seen this kind of crime where evidence is altered, destroyed, or falsified, affecting the outcome of a law enforcement investigation. 

Police will lie and tamper with evidence to protect themselves against civil liability for the use of excessive force. Tampering with evidence is complicated, from establishing all elements of the crime to intent to evidence.

If you’ve been connected to a crime where you know there has been tampering of evidence, rather check out USAttorneys.com who can guide you to making the best choice of skilled, certified lawyers close to you to get to the bottom of your case.

Police find ways to falsely accuse you

Accountability with the police includes officers, supervisors, and the entire agency. The police have to be accountable to society in controlling crime but there is police misconduct when illegal action is taken by an officer. 

It can involve a violation of state or federal law. When conducting criminal investigations, police officers can be pressured into making an arrest. When evidence is lacking, officers can even find a way to accuse you of criminal charges that can affect your entire life. That is why if you believe you have been wrongfully arrested, you shouldn’t hesitate to call a criminal lawyer.

Tampering with evidence can get tricky

One of the criminal laws used to justify arrests is tampering with evidence. Police may conduct investigations and then claim that a suspect tampered with or destroyed evidence in the process of the investigation. 

This kind of thing is particularly rampant with drug possession crimes but essentially extends to all criminal investigations. This crime is a third-degree felony and is punishable by fines and up to five years imprisonment.

Why it can be tricky is that if a police officer destroyed records without knowing that they might be significant to an investigation, that wouldn’t be considered tampering.

Sometimes police work together to alter evidence

The public looks to the police to be ethical and to be examples. But unfortunately, there are always bad apples - police who commit misconduct when investigating crimes. It has become fairly common for law enforcement officers to tamper with evidence and it can take different forms.

It could involve planting an object at the crime scene during an investigation to incriminate someone who wasn’t involved in the suspected crime. Another example is when footage is recorded by a civilian and officers confiscate the video by force. It’s not always individual police, and sometimes they will work together to alter evidence.

You need an attorney

Police have been known to lie when testifying. They have been known to hide evidence and improperly influence people. They will make up evidence for any number of reasons. Action to conceal and falsify evidence is considered tampering with evidence. 

If a defendant can show that the police tampered with evidence, the case can be dismissed. Discrediting an officer can be difficult and having a criminal defense attorney will become crucial. Rather than you battle along, let an attorney can try to discredit the officer. 

You need to always remember that police misconduct can lead to you being wrongfully convicted, and it’s only an experienced attorney who will have the know-how to uncover any tampering with evidence.

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