What is the Red Scare and what were the political consequences?

Do police officers tamper with evidence or falsify claims/accusations on rare occasions, in order to frame/scare suspects?

  • My best friend was arrested for public alcohol intoxication (he is 18 y/o with a clean record, about to attend college) - on search, the police found him carrying Melatonin powder, immediately claiming that the substance was cocaine and that harsh consequences would follow. Were the police that made the arrest attempting to just rattle him into divulging substantial evidence at that moment, or could they have swapped in an actual controlled substance for legal ground to frame him? What are some scenarios that could ensue? Furthermore, how are similar situations assessed and acted upon, from suspect/police/judiciary standpoints?' Likely/Optimal/Worst Case' scenarios and experiences would be great. After being bailed out, his lawyer told him that the police were probably trying to scare him for actual evidence, and that it is unlikely that the substance could/would be tested the very night the arrest was made (especially for a different charge). Some background information is that he has severe insomnia, to the point where he must stay up for a whole night just to get a natural 6-8 hours of sleep the following night. Due to this, my friend insufflates Melatonin powder for situations in which priot rest is vital, and usually carries a small amount of it with him in his wallet. He was arrested in a relatively crime-free suburb of the Dallas/Fort Worth metroplex, and his court date is set to be in a few months.

  • Answer:

    Planting evidence (with drug evidence, this is called "flaking" someone), does happen, but very rarely. I never knew personally of an incident like this taking place at my agency or one in my area. If a cop finds a powdered substance on someone in a container like that used to carry contraband drugs like cocaine or methamphetamine (an unmarked envelope, a glass vial, a folded "bindle" of paper, etc.), he is almost certainly going to suspect it is a contraband drug. People do carry prescription and OTC drugs on their persons, but they usually keep them in the original containers, as dispensed. There is federal law requiring that prescription drugs be maintained in this condition, with a label showing the name of the pharmacy and pharmacist who dispensed the prescription, the name of the prescribing physician, the date is was dispensed, and a serial prescription number issued by the pharmacy. Occasionally, people carry prescription drugs in plastic containers, usually divided into compartments for each day, or even times of day. Ironically, these containers are often sold in pharmacies, federal law notwithstanding. The police were likely trying to scare your friend into admitting he was carrying contraband drugs, because most people carrying drugs in improvised containers are carrying contraband drugs. Many agencies stock "presumptive" test kits to help identify the drugs. Most people have seen these kits used in movies and TV. The user places a small sample of the suspect substance in a glass or plastic tube, crushes an ampule of a reagent contained in the tube, and watches for a specific color change. The drug will still have to be verified at a crime lab before it is introduced as evidence at trial. If your friend was carrying melatonin and not a contraband substance, it will all work out in the end. If he's going to carry this routinely, he might be wise to keep it in the container it came in.

Tim Dees at Quora Visit the source

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Other answers

I have, in 33 years of law enforcement, never encountered planted evidence. The consequences of a peace officer being caught carrying an illegal substance around with him are too great - fired is the least of your worries. Beat cops frequently try to scare information out of an an arrestee/contact. This tactic sometimes works and is more likely to work with someone young, inexperienced, and with limited prior contacts with the police. The substance he was carrying would most likely be subjected to a presumptive field test for cocaine, either on scene or at the evidence locker (that's how we did it at the Sheriff's Office.) Unless melatonin is one of the substances (there are some) that shows a false positive for cocaine, that would be the end of that. I would echo Jennifer Ellis's caution about carrying a substance that could be mistaken for cocaine, especially if it's in a baggie or bindle. (Does anyone even fold bindles anymore?) The melatonin I use comes in capsules. I'd recommend carrying the capsules in the bottle to avoid this sort of thing.

Al Saibini

As Tim Dees has noted, some law enforcement officers do "flake" suspects. When I was on loan to the DEA office in Boston in 1986 as an analyst, we put away two Boston police officers and four Suffolk County Sheriff's Deputies for arresting suspected street corner drug dealers, finding no drugs on them and then planting drugs, taken in other cases, on them to justify an arrest. They tried to justify their actions on the grounds that they "knew" the person they arrested was a drug dealer and framing a drug dealer got a drug dealer off of the street.

Richard White

A2A: I agree with Mr. Carvalho. Intimidation is a common aspect of arrest scenarios. While planting evidence does happen very infrequently (a potential aspect of the “Dirty Hands Dilemma”), unless your friend was acting like a total a-hole, it is silly to assume it would happen in this kind of case. Moreover, the possibility of a cop carrying cocaine, which  is likely to jeopardize his career and risk him being sent to prison, is highly unlikely.

Dan Robb

Your friend's lawyer is most likely correct.  It is unlikely the police switched the substance. But your friend might want to rethink carrying a substance that looks like cocaine on him.If you require legal assistance, please contact a lawyer in yo...

Jennifer Ellis

To add an answer with an alternate perspective: If this is a genuine question, consider applying Ockham's razor and ponder the possibility that your friend who stays up all night and snorts a powdered substance he keeps in his wallet and is now worried it will mysteriously turn out to be cocaine, is in fact a user of cocaine. Just a thought.

Nick Baily

How often do police lie and plant evidence?  It's very hard to know.  The code of silence among police officers makes it hard to tell.  The Walter Scott shooting and video is a very troubling piece of evidence in this regard. The officer who shot Scott, Michael Slager, reported that Scott had threatened him and tried to grab his taser, and that police tried to give medical attention to Scott.  The video demonstrated that these were lies: in reality, Scott was running away from Slager; Slager shot him repeatedly in the back; Slager walked over to Scott's dying body and planted the taser to corroborate the false story; Slager's colleague was already present when Slager planted the taser; and Slager and his colleagues did not provide medical attention. The nonchalance with which Slager and his colleagues killed an innocent man, planted evidence, and filed false paperwork suggests that this was not an isolated incident for this police force.  And if not for this police force, what about other police forces?  The Justice Department review of Ferguson's police department suggests comparable levels of abuse and mendacity.     As for the frequency of putting pressure on defendants, look at the most extreme form of this: false confessions.  If a prosecutor says to you "I can put you in jail for 30 years, but if you confess I can get you 5 years," you have a reason to confess even if you didn't do it.  If you believe the system can falsely convict people (which many criminal defendants believe), then you will probably give a false confession.  Hundreds of false confessions have been later proven false by clear evidence such as DNA evidence; see this report here: http://web.williams.edu/Psychology/Faculty/Kassin/files/White%20Paper%20online%20(09).pdf (referring to the Central Park jogger case and many others). None of this is quantitative, but it does suggest that abuses are real and perhaps frequent.

Dmitri Mehlhorn

Your friend can argue that due to his insomnia he'd never use cocain because coke makes one lose sleep and, hence would make his condition worst. Plus, he can submit himself to an hair test and prove that he doesn't use that drug. Obviously, the police can frame anyone. If you're smart, innocent and have a good lawyer, chances are you can prove your innocense.

Marcelo Carvalho

There is always the possibility that your friend could be lying to you, however, assuming the facts and circumstances you present are correct; it appears your friend’s only charge is “Public Intoxication” or “Drunk in Public.” This charge is very similar to a parking ticket and is usually not part of a criminal record. The reason police arrest a public drunk is to protect them (the arrestee) and others. The only reason the drunk goes to jail is if an alcohol treatment center is unavailable (which it almost always is unavailable).The other matter is probably pending a laboratory examination to prove or disprove whether it is a controlled substance and what Schedule and type it is. Cocaine is listed in Schedule II. It is highly unlikely the police would plant or alter evidence of a crime regarding your friend. What would be the reason to do that? Most law enforcement officers are honest and try to do a good job fairly and impartially within the law. Ethically, most officers would report a rogue officer’s unethical actions. With over a million law enforcement officers of all types in the United States, a fractional percentage (less than one percent) actually commits illegal acts. Unfortunately, those are the ones people hear about.

Ted Koehl

I do not believe that most police officers would plant false evidence.  However, I have known police officers to lie in sworn depositions and on the witness stand.

John Barnes

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