Do cops lie? Indeed, they do! Do they lie under oath? Of course, they do! This is how it often goes; a cop stops a suspect for D.U.I.; the cop performs his investigation; he makes the arrest; he writes up his probable cause affidavit. But when he writes it up he leaves out very important details, such as the fumbling for paperwork, the staggered walk of the suspect, bloodshot eyes, slurred speech, flushed face, etc. Often not all, but I have one like it right now!
So at either a motion hearing and/ortrial the cop fills in the missing details. The assistant state attorney will ask the cop what did he observe? And it never fails, the cop will mention details that were not in his affidavit. Well, the first point is that it is a dscovery violation but it is essentially harmless because even if the defense counsel had known, what would he have done differently to prepare for trial (probably not much)? So on cross examination the defense counsel will bring out that the cop didn't mention in his probable cause affidavit everything he just testified to on direct. In additional I always bring out that the probable cause affidavit is sworn to under oath by the cop. And I always make of point of asking the cop why he is remembering more now at the time of his testimony that what he put in his probable cause affidavit. He will say he just now remembered!
So why not just stick to the original report? Because when trial rolls around the assistant state attorney looks at the reports and talks to the cop( you see the A.S.A. s do not like to lose). In all likelihood the A.S.A will point out what is missing from the report and suddenly the cop remembers much, much more! But what does the judge do it about you ask? Not a thing! You see it is expected! Everyone learned long ago that you can't actually expect cops to tell the truth. That they will add facts and details that they left out of their reports is accepted by the judges and especially the assistant state attorneys.
I have actually been in a court and heard a judge ( a former assistant state attorney) state that cops lie all the time. You see he knows it. By his words he even accepts it. But that is our criminal justice system! One can only hope that at time of sentencing (if there is one) the court will take that into consideration!
If you wish to discuss your D.U.I. arrest or life, the universe and everything you may call me at 561-616-8700 or you may e-mail me at DUITIM@floridaduilawyer.com. Please feel free to visit my website at http://www.floridaduilawyer.com/.
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I was arrested in a library in Cranston RI. The cop who arrested me said I was cyberharrissing a lady. The computer reports shows that I never typed in this lady's name or address as the cop says. So now what? Why did he lie? Maybe because I called internal affairs on him right after I was released, or maybe because, when channel 10 came to interview me, I was dressed like the cop who arrested me and made fun of him on national tv. He also accused me of making 60 calls a day from this lady and said he bet my number was on the list. And I knew it wasn't.
The proscecutor has offered me a not guilty plea with a filing.
No Way. Let the cop get on the staned and say he saw me type her name and address in and then he saied when I saw him I deleted it. He was not dressed like a cop or did he at any time tell me he was a cop. I thought he was maintenence.
Also I want her phone list from the proscecutor. My attorney has asked several times and he said he dosen't have it.
Then why was I arrested and why did she say I call her 60 times a day. Whats up with the dirty cop?
Maybe it has something to do with the fact that the lady's father who owns her business, was arrested recently for, Operation Mobed up" for gambing racketering, credit card fraud and selling drugs.
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