What to charge?
A enlists his friend B to help him get rid of A's ex-girlfriend's new boyfriend. Let's call new boyfriend "C". A and B decide that C needs to go to jail, so A buys some drugs and they plant it in C's vehicle. B then calls the PD and reports seeing a drug deal go down, and that the dealer is getting away. PD is familiar with B and suspect of the call. PD officers find C in his vehicle and he says, "sure, you can search my truck". This is one time that someone gives consent and really does not know what's in his vehicle. PD searches and finds the drugs in his vehicle.
Investigation takes place. A and B both admit to scheming and carrying out their plan to frame C. A admits to buying the drugs. However, each points the finger at the other as to who actually planted the drugs in C's vehicle.
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I forgot to mention - this is not a hypothetical.
July 20, 2011, 16:53
Adam PooleThey could be charged with possession and also with Tampering/Fabricating physical evidence for planting the drugs. If they both admit to the plan then the law of parties should cover you regardless of who actually possessed and/or planted the drugs.
July 21, 2011, 03:07
GretchenFalse report to a police officer, delivery of (substance).
July 21, 2011, 08:15
C. MartinCriminal conspiracy (PC 15.02)...
July 21, 2011, 10:15
troy whow about this set of facts...
potential defendant uses photograph of another person to set up a match.com account. the other person discovers this and complains to police.
is this online harassment under 33.07?
quote:
Originally posted by troy w:
how about this set of facts...
potential defendant uses photograph of another person to set up a match.com account. the other person discovers this and complains to police.
is this online harassment under 33.07?
Unless the victim gave permission, that seems like a straightforward application of 33.07(a).
-L.