A finding in civil proceedings that a police officer was aware that evidence had been planted amounts to a finding of serious criminal conduct and attracts the Briginshaw standard requiring clear or cogent proof. The absence of forensic evidence (fingerprints, DNA) connecting a person to an object does not, without more, support an inference on the balance of probabilities that the object was planted. An appellate court may raise the Briginshaw standard of its own motion even where not raised by the parties.
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