Police allowed to lie on a police report?

[andyd103]

What is the name of your state (only U.S. law)? New Hampshire

Let's say before anything is said the resulting charges are possession of marijuana.

The police said in their official report that i requested via rules 2:10 discovery

I was in possession of 1 ounce of marijuana.
The real fact is: the amount was 2 grams.

They also lied about what was said and what happened before and during the search.

IDK if this is common practice for law enforcement but is this what is allowed to happen? and can their evidence be used against me in court?

 

[justalayman]

are they allowed to lie? well, they aren't supposed to as their statement becomes evidence. With a situation such as yours, it would seem the quantity of MJ is not only refutable, since I presume they held the MJ for evidence, it would be provable it was incorrect. That only goes to show the lack of accuracy, truthfulness, and dependability of the officer and his statements.

and can their evidence be used against me in court?

yes but it can also be used against them as well.

 

[andyd103]

Ok are they allowed to enter a residence, make you submit to a search and then if you ask them why they were their; are they then allowed to lie, and then lie again, and then show you a search warrant that doesn't even have your name on it? after they already searched you and found your stuff???

are they allowed to lie? well, they aren't supposed to as their statement becomes evidence. With a situation such as yours, it would seem the quantity of MJ is not only refutable, since I presume they held the MJ for evidence, it would be provable it was incorrect. That only goes to show the lack of accuracy, truthfulness, and dependability of the officer and his statements.


yes but it can also be used against them as well.

 

[justalayman]

did you allow them into the home and allow the search without knowledge of the warrant? If so, the search is likely valid. If they entered under the claim of a valid warrant and did not have one, any evidence obtained is suspect and possibly subject to contested due to lack of a right to the search.


a warrant does not necessarily have to have a name on it. It can describe an address and be valid. If you believe the warrant to be invalid, you contest it and all evidence discovered due to the warrant.

 

[andyd103]

i did not allow them in, i was sleeping and they picked the lock to my door, and told me they had to search me because it smelt like marijuana

did you allow them into the home and allow the search without knowledge of the warrant? If so, the search is likely valid. If they entered under the claim of a valid warrant and did not have one, any evidence obtained is suspect and possibly subject to contested due to lack of a right to the search.


a warrant does not necessarily have to have a name on it. It can describe an address and be valid. If you believe the warrant to be invalid, you contest it and all evidence discovered due to the warrant.

 

[Zigner]

Funny - in your earlier thread, it was 1 gram. Strange how it doubled in less than 20 days. Perhaps you didn't know how much pot you REALLY had

https://forum.freeadvice.com/drug-charges-28/what-will-happen-531203.html

 

[justalayman]

well, depending on what the warrant was for, their search may have been valid regardless of the odor.



Maybe they used the presence of the odor to obtain the warrant.

 

[Zigner]

i did not allow them in, i was sleeping and they picked the lock to my door, and told me they had to search me because it smelt like marijuana

Might be helpful if you pointed out that this was a DORM room.

Asking questions and only giving a very limited explanation of the facts behind the question isn't going to help you get any valid advice.

 

[justalayman]

Might be helpful if you pointed out that this was a DORM room.
.

Oh hell yes it would be.

I take it this is due to my fault for not reading post hx.

 

[andyd103]

yes it was a dorm room but they got the warrant for my roommate and not me.

 

[justalayman]

if they had a warrant and the school or rep let them in the room, sounds like you don't have much of a defense.

 

[andyd103]

they picked the lock to the door because noone answered, noone let them in.

if they had a warrant and the school or rep let them in the room, sounds like you don't have much of a defense.

 

[Some Random Guy]

yes it was a dorm room but they got the warrant for my roommate and not me

Well that's a fine tidbit to leave out until post 10 on the thread!

So they had a warrant to search the room that you were in for some listed items. Generally they are allowed to search anywhere in the named location where the items could be located. And in a shared dorm room, that pretty much means everything of yours as well unless you can show that it is yours and your roommate has no access to it (for example your footlocker with a padlock on it).

 

[Zigner]

they picked the lock to the door because noone answered, noone let them in.

They had a warrant.

 

[justalayman]

they picked the lock to the door because noone answered, noone let them in.

not too many cops are proficient in the art of picking locks. They tend to either break the door down or obtain an escort with a key, or the key itself, to enter a dwelling. I suspect they asked the school for a key and were given one.