Hazardous materials, defined, admission of samples into evidence, when
When police seize dangerous materials as evidence, they do not have to keep all of it. They can take a small sample, then destroy the rest if the court approves. That small sample, along with photos, videos, or lab reports, counts as good enough evidence in court — just like if the whole amount had been saved. For drug cases where the amount matters, police must keep enough to prove the crime, but can destroy any extra. Photos and lab reports of the destroyed extra still count as evidence.
490.733. , defined, of samples into , when — photos, videotapes or lab reports . — 1. As used in this section, the "hazardous materials" means any substance which is capable of posing an unreasonable risk to health, safety and property. It shall include any or as defined in section 195.010 or any substance which by its nature is explosive, flammable, corrosive, poisonous, radioactive, a biological or a which may spontaneous combustion. It shall include, but not be limited to, substances listed in the Table of Hazardous Materials contained in the - 49 and the Fire Protection 's Fire Protection Guide on Hazardous Materials.
2. the of section 575.100 and with the approval of the affected court, any who seizes hazardous materials as evidence related to a criminal investigation may collect of such hazardous materials, and destroy or dispose of, or direct another person to destroy or dispose of the remaining quantity of such hazardous materials.
3. In any , representative samples of hazardous materials accompanied by photographs, videotapes, laboratory analysis reports or other means used to and document the identity and quantity of the material shall be deemed competent evidence of such hazardous materials and shall be in any , or trial as if such materials had been introduced as evidence.
4. In any prosecution for violation of chapter 195 in which the weight or quantity of a controlled substance is an , the weight or quantity of the controlled substance necessary to prove the element of the offense shall be held as evidence; except that, any amount of controlled substance in excess of that which is necessary to prove the may be destroyed at the direction of the seizing law enforcement officer. Photographs, videotapes and laboratory analysis reports shall be admissible in any proceeding, hearing or trial as if such excess amount of had been introduced as evidence.
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Source & history notes
(L. 1998 H.B. 931 § 490.730)
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