4 ms·

If the evidence was planted, then the jury most certainly did not return the correct verdict.

• Filligree 11y ago
  Legally? I wonder. Morally you're right, but if mere possession is illegal, then I don't see how it being planted matters. If it were proven that law-enforcement agents did the planting, that would be a different matter. You could also argue about the definition of "possession", maybe... but IANAL.
  • voxic11 11y ago
    Of course it matters. Federal law specifies that the CP must be knowingly possessed. If it was planted that requirement cannot be met. https://www.law.cornell.edu/uscode/text/18/2252 https://www.law.cornell.edu/uscode/text/18/2252
    • upofadown 11y ago
      The court can't read the mind of the accused. So either there is an implied level of guilt associated with mere possession or it would be impossible to ever get a conviction under that part of the law. I now agree that the "they planted it" defence would work but in practice that would be impossible to prove, which was probably what happened here.