Talk about a stacked deck: it is legal for the law enforcement community to lie during the course of an investigation. However, if a defendant lies, they can be nailed for hindering an investigation and now they can be taken to civil court and made to pay investigatory costs.
On the surface this may not seem like much or may even seem just but the reality is that once the precedence is set it becomes a simple set of forms to be added on by a legal bureaucracy and one more insurmountable battle by the average citizen.
Failure to get the settlement in court means means big complications in purchasing a house as well as tax returns and destruction of credit. The reality is that it puts the person at risk for the rest of their lives because they will have to come up with work around that will put them at the mercy of others.
A second problem here is that the cost of the investigation is often arbitrary and captious in the eyes of the investigations and how ambitious they are in adding or atributing costs of the investigation to the actual investigation.
My sense is that we will see ambitious states attorney and law enforcement agencies add on accounting staff to get not only what they can but also to as a means of raising income which will further divorce them from the electorate as well as the elected officials that control their budgets.
If they don’t like the findings of the court then they can simply end run the investigation and pile up damages for a civil law suit.
They have already turned the civil forfeitures legislation at the federal and state levels into a cash cow that has subverted the integrity of the system.
As I was reading several versions of this story, it is almost like all the law enforcement agencies closing in for the kill on a major drug dealer trying to get the most possible.
It is almost humorous that now if we are found not guilty we could end up paying for the police investigation.