What is required to convict possession

J

Jw236z

New Member
Jurisdiction
Louisiana
Caddo parish
I have a question concerning a pending case in shreveport city court. My partner is charged with possession of schedule 4 cds. According to the SPD she was found to be in possession of some one else's prescription pills. They gave the pills back to whom they belonged. My question is , is a police report enough to convict some one of possession since there is no other evidence.
 
Jw236z said:
My question is , is a police report enough to convict some one of possession since there is no other evidence.
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Of course NOT, a police report is simply the results of an investigation by the police.

A defendant is INNOCENT until proven or plead GUILTY in a court of law, only after a trial starts, evidence is entered and presented at trial, a jury hears the evidence, and determines whether the person is convicted or acquitted.

You can help your friend by NOT blabbing about any of this, asking any questions of your friend, and keeping your mouth shut; which will allow your friend to have a FAIR trial.
 
Jw236z said:
Caddo parish
I have a question concerning a pending case in shreveport city court. My partner is charged with possession of schedule 4 cds. According to the SPD she was found to be in possession of some one else's prescription pills. They gave the pills back to whom they belonged. My question is , is a police report enough to convict some one of possession since there is no other evidence.
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There is other evidence ...The testimonies of the officers, the person who owned the script and perhaps anyone else that was on scene.
 
The police certainly took photographs of the pills and labels before returning them. Their testimonies and photos should be sufficient, but as above, it is up to the jury to decide.
 
Jw236z said:
Caddo parish
My question is , is a police report enough to convict some one of possession since there is no other evidence.
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The police report is not admissible as evidence because it is hearsay. But the officer's testimony about what he found, the results of any tests done on what was found, any photos the officer may have taken of the pills and container with the label, etc., are all admissible. As are any statements she made to the cop during the stop. And lots of people talk and say things they should not say in a traffic stop.
 
Are you thinking that the cops might have to bring the actual pills into court and show them to the jury and say, "here they are"?

That's not how it works.

Jw236z said:
is a police report enough to convict some one of possession
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No. Police reports are inadmissible.

Jw236z said:
there is no other evidence.
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Nonsense. Of course there's other evidence. The officer who arrested your "partner" will testify to what happened and, if believed, that testimony may be sufficient to convict.

Your "partner" obviously needs to be speaking with a criminal defense attorney.
 
Thank you

As far as I know they returned the pills so quickly I really dont think they kept any to test or took any pictures. I would have saw that happen. So as they dont have any substance to test in a lab that's what i meant as a lack of other evidence
 
Jw236z said:
As far as I know they returned the pills so quickly I really dont think they kept any to test or took any pictures. I would have saw that happen. So as they dont have any substance to test in a lab that's what i meant as a lack of other evidence
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Why are you discussing someone CRIMINAL issues on the INTERNET? How can this possible help your friend?
 
Jw236z said:
As far as I know they returned the pills so quickly I really dont think they kept any to test or took any pictures. I would have saw that happen. So as they dont have any substance to test in a lab that's what i meant as a lack of other evidence
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They don't need to take pictures or test the pills.
 
Jw236z said:
As far as I know they returned the pills so quickly I really dont think they kept any to test or took any pictures. I would have saw that happen.
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The police can do many things NOT observed by the eyes of prying bystanders.

Jw236z said:
So as they dont have any substance to test in a lab that's what i meant as a lack of other evidence
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You can bet your sweet bippy a couple of the "pills" were retained for lab analysis.

Furthermore, possessing a controlled drug NOT prescribed to the possessor is against the law even in LA.

Someone was caught with the prescription vial in her/his possession.

Some would call that "caught red handed" or with "paws in the cookie jar".
 
Jw236z said:
As far as I know they returned the pills so quickly I really dont think they kept any to test or took any pictures. I would have saw that happen. So as they dont have any substance to test in a lab that's what i meant as a lack of other evidence
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Ok, and your "partner's" defense attorney can make arguments about that at the time of trial, in a motion and/or in connection with efforts to negotiate a plea bargain.
 

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