false police testimony

What is the name of your state (only U.S. law)? ca
how does one prove the cops are lying about the evidence allegedly obtained? are there certain motions or suppression hearings that can be done?

anyoneusa68 said:

What is the name of your state (only U.S. law)? ca
how does one prove the cops are lying about the evidence allegedly obtained? are there certain motions or suppression hearings that can be done?

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Your lawyer will be able to answer those questions.

anyoneusa68 said:

how does one prove the cops are lying about the evidence allegedly obtained? are there certain motions or suppression hearings that can be done?

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A motion to suppress does not prove anything, it only informs the court that the defense intends to explain why the evidence should be suppressed.

And, understand, there is a difference between a LIE and being INCORRECT. One can be wrong without being a liar. Lying can be actionable, being wrong may not be - especially if the error involves a good faith issue.

Perhaps you might care to explain what happened?

my friend was recently arrested for a simple possesion charge. after reviewing the police report, the cops are now saying there were 3 different bags with a large weight total. this is a flat out lie. i know they are given all the credibility, so how does one even begin a task as trying to prove they are lying?

anyoneusa68 said:

my friend was recently arrested for a simple possesion charge. after reviewing the police report, the cops are now saying there were 3 different bags with a large weight total. this is a flat out lie. i know they are given all the credibility, so how does one even begin a task as trying to prove they are lying?

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I suppose he can agree to confess to possessing fewer bags and a lower weight total and then try to make the case that they lied ... but ... that's gonna be tough because it will require him to confess, and to have friends confess to being part of the crime if they admit to being witnesses to what he had in his possession.

Were you present when your friend was arrested? If not, how do you know the weights and numbers are off?

As for the weights, a lot can vary as to whether or not the dealer/buyer was evaluating net weight and the officers were evaluating gross weight.

But, since you and your doper's pals can be made to testify against him, he had best stop talking to you and speak only to his attorney about how to proceed. It may mean a guilty plea and then lodging a complaint against the against the officers ... though, if they have booked into evidence three bags with the given weight, it's gonna be tough to argue that they lied.

whatever happened to the "presumption of innocence? he hasn't been convicted of anything yet.

anyoneusa68 said:

whatever happened to the "presumption of innocence? he hasn't been convicted of anything yet.

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What's your point?

the point is, by your calling him a "doper", you have become judge, jury, and executioner. this is what has happened to the judicial system. he hasn't even had his day in court, yet obviously already guilty in your eyes. that's all.

anyoneusa68 said:

the point is, by your calling him a "doper", you have become judge, jury, and executioner. this is what has happened to the judicial system. he hasn't even had his day in court, yet obviously already guilty in your eyes. that's all.

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You already said he was. You admitted him carrying drugs, you only seem to be quibbling as to the quantity.

anyoneusa68 said:

the point is, by your calling him a "doper", you have become judge, jury, and executioner. this is what has happened to the judicial system. he hasn't even had his day in court, yet obviously already guilty in your eyes. that's all.

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Presumption of innocence applies to the legal system, not to an internet forum. (That is in addition to FlyingRon's response)

anyoneusa68 said:

the point is, by your calling him a "doper", you have become judge, jury, and executioner. this is what has happened to the judicial system. he hasn't even had his day in court, yet obviously already guilty in your eyes. that's all.

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I am neither judge, jury nor executioner. I am merely expressing an opinion.

People who commit crimes are criminals ... people who use dope are dopers ... sorry you don't like the term. If you or they don't like the term, you or they should not be involved in criminal drug activity.

Terminology aside, he still has a quandary ... confess to possessing a different amount and then take action against the officer(s) for possibly falsifying evidence (if it was something intentional and not an error), or simply going forward and making the state prove their case.