Can a case be thrown out if an officer’s statement does not match the events on camera?

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Can a case be thrown out if an officer’s statement does not match the events on camera?

This is for fleeing in a motor vehicle. The officer has put down the wrong street and passing stop signs and making turns that were not there because it was only on one stretch of dirt road.

Asked on June 20, 2012 under Criminal Law, Arkansas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Good question. The judge handling a criminal matter or the jury itself can render a defense verdict for the accused if the arresting/investing officer's testimony at trial does not corroborate the events of the situation depicted on camera at the time and place of the incident.

You need to remember that the prosecution in a criminal matter bears the burden of proving the elements of a crime beyond a reasonable doubt.


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