Can I be arrested if a video shows me doing what appears to be drugs?

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Can I be arrested if a video shows me doing what appears to be drugs?

I was recently at a venue and the tapes are being taken for an unrelated

reason by the police department. I’m afraid that I may be on the tape doing

what appears to be a key bump of cocaine. Can I get in trouble for this if I

have no cocaine and there is no way to prove that I was doing that?

Asked on February 27, 2017 under Criminal Law, Delaware

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, you can be arrested for this. There is no specific requirement that drugs be found on you (or in you; i.e.  in your system) to arrest or even convict you for drug use, though clearly, the state's case is much stronger if they do find drugs, and you may be able to successfully defend if there is only a video tape, if based on nothing more than the tape, they cannot prove that you used or possessed drugs "beyond a reasonable doubt." The issue is, is there evidence, and, if so, how strong is it? No specific kind of evidence is required. So a videotape is less strong than finding drugs, but is still potentially (if the images on the tape are clear) compelling evidence.


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