Last year on WeedPress, I posted a Des Moines Register article about a man who was challenging Iowa Narcotics agents, who used previously confiscated drugs to set up Mr. James Edward Banks in a “reverse sting.” (http://tinyurl.com/22q9fh6)
On October 20, 2010, the Iowa Supreme Court struck down Mr. Banks challenge:
What this means is, drugs confiscated in previous cases can be used in other cases. Cops can sell you drugs, previously confiscated, then arrest you with intent to deliver.
Yet Iowa Code [s]ection 124.506(2A) [(2009)] (Read the code here (http://tinyurl.com/27tqlcc) explicitly states that this is illegal. The only time law enforcement does not need to destroy seized evidence right away are outlined in the code:
3. Upon a request of any law enforcement agency, the court may order that a portion of a controlled substance subject to forfeiture and destruction pursuant to this section becomes the possession of the requesting law enforcement agency for the sole purpose of canine controlled substance detection training.
No where in the code does it say that law enforcement has the right to do what they did to Mr. Banks. Mr. Banks, you are yet another victim in a failed Drug War. If only the courts would actually follow the law.