What to Do If Banned Items Are Planted on You
It’s not uncommon for law enforcement officers to want to continue working with a suspect in a more convenient location, such as a holding cell. Sometimes, to the shock and horror of the person being searched, a few live rounds or a packet of drugs are suddenly “discovered” at their home or office. What should you do in such a situation?
Immediate Steps to Take
- Do not touch the item. Never pick up the found item with your own hands. Later, you can request a fingerprint analysis to prove that you never handled the object (especially if it’s in paper or plastic packaging).
- Request a search for packaging material samples. Immediately ask for a search of the premises for samples of the packaging material for comparative analysis. In other words, request a search for remnants of the packaging used for the incriminating item. If no similar material is found, it’s a small victory for you. Even if the investigator refuses your request, make sure this refusal is recorded in the search report.
- Request micro-particle samples from the officer. Ask for micro-particle samples to be taken from the pockets of the officer who “found” the item, for comparison with particles on the discovered packaging. If the investigator refuses, this should also be noted in the search report.
- Note the presence of witnesses. When signing the search report, you have the right to note if there were no witnesses present at the moment of discovery, or if the witness was distracted. Keep in mind that the witness will be questioned about this later.
- Record all participants in the search. Note in the report if any individuals who accompanied the investigator were not listed as participants. The law requires that the names of all persons involved in the search be recorded. If unknown people, including those in masks, were present, make sure this is documented.
- Ensure your statements are accurately recorded. During questioning after the search, tell the investigator exactly what happened and make sure your statements are accurately reflected in the interrogation report. If drugs were “found,” request a medical examination and a blood test for expert analysis.
As a side note, if the investigator collects all your documents into a box without listing them in the report, and fails to seal the box, this is a serious procedural error. In such a case, it will be impossible to prove that any compromising documents were actually found during your search.
About Banned Items
Planted Drugs
For some officers, planting drugs is a common tactic, especially during searches in criminal cases or to remove unwanted individuals from the process. If you find drugs in your pocket, do not panic, do not reach into your pocket, and do not try to throw the packet away. Let the police do their job, then demand the presence of witnesses. In their presence, request the following:
- Have your fingernails clipped for analysis.
- Have swabs taken from your palms.
- Have a swab taken from your mouth.
All samples should be sealed in your presence and sent for analysis. It will be very difficult for the police to explain the presence of drugs in your pocket if there are no traces under your nails, on your hands, or in your mouth.
If you are presented with a syringe containing a brown or clear liquid, or something wrapped in plastic, do not touch it! In the presence of witnesses, state that this is a setup and demand:
- Fingerprint analysis of the syringe or plastic bag.
- Note that you are not wearing gloves and show your hands to prove there are no injection marks.
- Request a urine test for aminocaproic acid.
- If the syringe contains a brown liquid, request a blood group analysis for both you and the contents of the syringe.
If someone tries to hang an amulet around your neck, from which heroin is later “discovered” in front of witnesses, do not touch it. Demand a sweat analysis from both you and the amulet in the presence of witnesses.
For someone who regularly uses drugs, it will be difficult to avoid incrimination, as traces will always be present.
Planted Weapons and Ammunition
If a handful of bullets or a grenade (usually with a smooth surface) is planted in your apartment, office, or car, do not touch them, even if asked. Again, demand the presence of witnesses. In their presence, request:
- Fingerprint analysis of the items.
- Documentation in the report that there are no traces of gun oil on your hands or clothes.
- Swabs from your hands and clothes for analysis of metal particles or gun oil.
If a firearm is planted, request an analysis for your fingerprints on the magazine, cartridges, or other internal parts. Remember: in such cases, your fingerprints are the main evidence of guilt in court.
As for cold weapons, forensic experts determine whether an item is a cold weapon based on several criteria. If any are missing, the item is not considered a cold weapon. You can store any cold weapon at home, in your garage, or at your dacha. The crime is carrying it with you or transporting it in your car. A folding knife is considered a cold weapon only if the blade locks in place when opened. A knife is not considered a cold weapon if the blade is less than 90 mm long and the spine is less than 2.6 mm thick. The hardness of the blade also matters; for cold weapons, it must be above 42 HRC (Rockwell scale), which is usually indicated in the knife’s documentation. Be aware that some knives, especially from China, may have exaggerated hardness ratings. For example, a knife may be labeled “56 HRC” but actually be only 40. Balisong knives (“butterfly knives”) from Korea are considered cold weapons, but those from China are not, due to differences in metal quality. So, if you are found with a knife, check whether it actually qualifies as a cold weapon before agreeing to any charges or penalties.
Planted Counterfeit Money
This tactic is often used in economic crime investigations. If you are asked to empty your pockets, pay close attention to your cash. Officers may distract you and slip in a counterfeit bill. If your money is seized (for examination or during detention), demand that the serial numbers be recorded in the report and that it is noted your bills had watermarks. This is important because you could later be shown a photocopy of your bill and accused of producing or distributing counterfeit money—a serious criminal offense with severe penalties.
Another common scenario: at the entrance to a currency exchange, officers drop a counterfeit bill (usually $100) on the floor, hoping that only wealthier people will pick it up. If you pick it up and take it inside to check its authenticity, the police may block the exchange, seize the bill in the presence of witnesses, and your fingerprints will be on it.
Stay vigilant and know your rights to protect yourself from such setups.