can a person be arrested after buying on the dark web even though there is no physical evidence?

UPDATED: Sep 30, 2022

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can a person be arrested after buying on the dark web even though there is no physical evidence?

if a person bought a small amount of say cocaine 1.5grams, can they be arrested if law enforcement was monitoring the sight say hansa market. how could these people be charged if there is no physical evidence?

Asked on August 6, 2017 under Criminal Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Physical evidence is not strictly necessary, if there is documentary evidence and testimony to support that a crime was committed. That is why people can be and have been convicted of theft even if they discard the stolen goods, for example. Moreover, the amount of evidence needed to arrest someone and investigate a case is much less than is ultimately needed to convict. If the authorites were monitoring the transaction, they could, for example, certainly get a search warrant to search that individual's home for drugs, and very likely also arrest him or her based on "correspondence" on the web indicating he or she bought drugs. Once they do these things, they may well find further evidence of the criminal act.

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