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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 01-28-2002, 04:04 PM
chandlerew
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Question

QUESTION FOR A POST PLEA COMPLAINT.


I want to know how to proceed with charging a police officer with the New York State Penal Law crimes of:

Subsection 210.20 Perjury; pleading and inconsistant statement involved.
Subsection 210.40 Making an apparently false statement in the 1st Degree.
Subsection 175.35 Offering a false instrument for filing in the 1st Degree.
Subsection 175.30 Offering a false instrument for filing in the second Degree.
And various other Criminal proceedure laws.

On March 5th, 1995 a police officer of the Buffalo Police Department files an accusatory instrument charging a defendant with Attempted Robbery in the first degree.
The officer files the accusatory instrument with the city court of the city of buffalo. Along with the accusatory instrument a, 710.30 motion is also filed, in the motion the officer states that during the arrest the defendant does not make any oral or written statements.
She later finds out that there is an A.P.B for a person who committed robbery in the first degree, for a person fitting the discription of the person she has arrested, she contacts the issuer, the issuer is told that a suspect fitting the discription in the A.P.B. was arrested in buffalo on said date with a specified amount of money and when asked where he obtained the money he allegedly says something.
The person who issued the A.P.B. asks the officer to request that the judge hold the suspect in custody for he was going to obtain an arrest warrant. In his accusatory instrument he uses the statement that was allegedly said by the defendant in the 710.30 motion.(March 9th,1995)
The defendant is subsequently arrested on the next court date in buffalo city court. He's transported to niagara falls,new york, to face charges of robbery in the first Degree.
He takes later, after indictment,takes a plea to a lesser charge and is sentenced to prison.
He later finds how the arrest came about through the arrest reports, investigative reports, and acusatory instruments of both counties.
In conclusion does anyone know how to charge a policeofficer/detective with the above mentioned crimes after plea have been recieved into court.

Yes I have stated that the officer put in his accusatory instrument (niagara falls) that I made afalse statement to the buffalo police officers, My contention is that if he went as far as to obtain the mug shots of the defendant why didn't he obtain a copy of the accusatory instrumentWell isnt it proceedure for a detective to verify any oral or written statements made by a efendant to coroborate his claim. I forgot to mention he requested the police officer to hold the monetary evidence found on defendant, also to send mug shots of the defendant she did so.?( AMENDED 1-30-02)[COLOR=darkblue][/COLOR]

I recentely made a complaint to internal affaiers of the Niagara Falls Police Department, they told me to come in and make a formal complaint.(amended on 2nd/22nd/02)

Last edited by chandlerew; 02-22-2002 at 03:45 PM.
  #2  
Old 01-28-2002, 05:28 PM
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Join Date: Jan 2002
Location: california
Posts: 455
you state in your post that the officer perjured himself and made false statements, yet you do not specify how he did this. if an officer has probable cause to believe that a subject committed a crime, be it a felony or misdemeanor, he has evidence to prove that the offense did in fact occur, than he can file charges against that subject. you stated that the subject in question pled guilty to a lesser charge. are you stating that the subject did not commint the crime that he pled guilty to? so far, it does not sound like the officer in question did anything wrong.
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