Can I use misconduct as a defense if police stole money from me during a search?

Your case will probably not be thrown out based on police misconduct. Offering police misconduct as a defense means you’ll have to prove the actual amount that was in the cash box, admit to the offense, and then hope that the police will admit to the theft. Most criminal defense attorneys will advise you that this is an incredibly risky defense because it could actually bolster the case against you. Chances are that the allegation could lead to a police internal affairs investigation, but not a dismissal of the drug charges against you.

→ Read More