what if the officer testifying against you is lying about a couple of things in his sworn statement and can be proven
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what if the officer testifying against you is lying about a couple of things in his sworn statement and can be proven
officer stated in sworn statement that he arrived at house at 11:40 but witnesses say he was there at 10:35 officer also stated he was allowed in house and saw meth contraband in house in plain sight then defendant told him she didnot want him in there at which time he arrested her handcuffed her to a chair for 6 hours while deputies went through house and he went to get a search warrant wouldn’t probable cause mean no need for said warrant
Asked on May 28, 2009 under Criminal Law, Missouri
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
You absolutely must have an experienced criminal defense lawyer handle this for you. If the court can be persuaded that the search was illegal, anything they found can't be used as evidence. But the prosecutor's office fights these questions -- called motions to suppress evidence in most places -- every day, they aren't easy to win, usually, even for experienced lawyers. One place to look for counsel is our website, http://attorneypages.com
Whether this one can be won, I can't say, because it will depend on all the facts -- all the facts that can be proved. Seemingly small details can make a big difference!
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