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Can a case be dismissed if the officer lies in a official police report ?

Chicago, IL |

If a police officer stated he smelled contraband as a probable cause to search a vehicle and states in the official police report that he had a seen contraband in a vehicle as probable cause to search can the evidence be deemed inadmissible and the case dismissed? Also, there is a witness who can testify to the fact the officer stated he smelled contraband. The defendant also can testify to that fact. Both the defendant and witness have no previous criminal record and their testimony can be credited as law abiding citizens.

Attorney Answers 3

Posted

None of that sounds like a basis for dismissal. The conflict might, or might not, raise enough doubt as to the officer's credibility to help the defendant prevail on a motion to suppress. It is not at all clear, however, that the statements are in fact contradictory. I hope for the defendant's sake that he has something stronger than this to work with.

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Posted

Smelling contraband from the vehicle will give an officer probable cause to search, as well as seeing contraband in the vehicle ( in plain view) upon approaching the vehicle to do a field interview. Whether he put none, some, or all of those details in his report, along with how he testifies on the stand, all concern the officer's credibility versus your witness' credibility. It may be worth a motion to suppress, but when it comes down to credibility, you roll the dice. Any attorney you choose should be familiar with the tendencies of the particular judge you are in front of to get a better idea of your chances of success.

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Posted

Either is probable cause, so you think that your witness stating that the officer said he smelled contraband is going to help? I really think you need to talk to an attorney about your idea.

Answers posted here are suggestions only, and are not intended to replace advice given by an attorney that you hire.

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