When the police mishandle evidence, it means they’ve made a critical error in the way evidence is stored, transported, secured or otherwise handled. This can become a significant factor in a criminal defense case.
For example, the police may claim to have clear evidence proving a suspect’s guilt. However, if the suspect pleads not guilty, it may be discovered that the police mishandled the evidence in question. Proper handling might have led to a guilty verdict, but because the officers made mistakes, it could be called into question or even excluded from the case entirely. It may appear from the outside that the accused is guilty, but they could still receive a not guilty verdict because the police no longer have the necessary evidence to convict them.
Potential examples
Mishandling evidence can happen in many different ways. There could be allegations that the police tampered with evidence or used unqualified experts to examine it. In some cases, questions may arise about whether the evidence has been contaminated.
For example, say that part of a criminal case hinges on whether the defendant had drugs in their system at the time of the incident. The police obtained a urine sample, so they believe they have clear evidence of drug use.
However, rather than properly filing and storing the sample before the trial, an officer who is in a hurry decides to take the sample home with them for a night. They bring it back the following day, but the damage is already done. Even if evidence of illegal drug use is found in the sample, the defendant could contest that the officer tampered with it while it was at their house. Since the sample was not properly filed and stored in a secure facility, there’s no way to confirm its authenticity.
By then, it’s far too late for the police to obtain another sample, and they could lose the case. This is just one example of why it’s so important to know about all of your legal defense options.