No shit!!
Hard to hold something not in your hand!! That could be an argument.
ACLU attorney," Officer, did you see the weapon the defendant was alleged to have had?"
Next ACLU question," did you search the defendant for weapons?"
Next question, "If this was a weapon, why did you not find it in your search?"
Next question," Was the weapon sighted in?" "If so, was it bore sighted, and how was that done?"
Next question, "Is there any ballistic evidence linking the "projectile" to the defendant?"
Next question, "Officer, can you describe the injury you sustained from the weapon, that you failed to find, caused you?"
Etc., etc., etc.
Perhaps we must take care in the wee hours in bed when "it" slips out.
RF 1