In Missouri drug cases, prosecutors must use evidence to try to show that a person possessed drugs for personal use or had the intent to sell. However, defendants have the right to challenge this evidence in court.
Types of evidence used in drug cases
Prosecutors use different kinds of evidence to prove drug possession or drug distribution. Some of the most common types include scales, measuring tools, packaging materials, and other paraphernalia to suggest a person is weighing and packaging drugs for sale. Of course, the drugs themselves are usually the main piece of evidence.
Large amounts of unexplained cash, especially in small bills, could also suggest drug sales. Weapons near drugs might also seem incriminating. The state also examines texts, call logs, and social media messages to uncover any communications about illicit transactions.
How defendants challenge drug case evidence
Even if law enforcement finds these items, the evidence is not always strong enough to prove a crime. Defendants can use different strategies to challenge the prosecution’s case:
- Arguing illegal search and seizure: The Fourth Amendment protects against illegal searches. If officers searched a car or home without a warrant or probable cause, the court may throw out the evidence.
- Proving lack of intent: Just because someone has scales or plastic bags does not mean they were selling drugs. These items have legal uses, such as weighing food or storing small objects.
- Questioning possession: The prosecution must prove the drugs belonged to the accused. If officers found the drugs in a shared space, the defendant might argue they belonged to someone else.
- Challenging digital evidence: The prosecution can take cell phone messages out of context or link them to the wrong person. A defendant might argue that messages had nothing to do with drug sales or that someone else used their phone.
- Explaining cash and weapons: Large amounts of cash might come from legal sources, such as a job or savings. Weapons found near drugs do not always mean a person was selling drugs.
Defendants have various methods for challenging what prosecutors present. A strong defense can create doubt about how the state obtained evidence, what it proves, and who was responsible.