Wednesday, February 11, 2009

Tips on Prosecuting Drug Cases

1. Prior to pre-trial, subpoena the Crime Lab to bring the relevant documents and the specimen, so that they can be marked already. Otherwise, present the Forensic Chemist first during the trial, to avoid recalling the poseur-buyer to identify the specimen.
2. Mark and identify the specimen, from the plastic to the written markings.
3. In selling, establish the exchange of money and drugs, from whom the items were recovered afterwards.
4. Chain of custody is very important.
5. Always ask the poseur-buyer whether the specimen is the same item he purchased from accused.
6. Establish absence of ill-motive on the part of the police officers.
7. Show the length of time from buy-bust/search to delivery to crime lab for examination.
8. Ask the forensic chemist from where he took the sample which tested positive for the presence of drugs, and show that the weighing was made without the plastic, and if it was weighed after taking the sample.

to be continued

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