Lying under oath

Asked over 1 year ago - California City, CA

Does feleon in possession of a firearm were holding a gun????

And let's say the officer was to get on the stand and say he found it in the closet and...and due. To him finding the gun did he run fingerprints and he says no.. but the statements that his report is true under penalty of perjury. Is this officer guilty of lying under the oath.??

Attorney answers (3)

  1. Chris J Feasel

    Contributor Level 17


    Lawyers agree

    Answered . No - felon in "possession" doesn't mean he has to be holding the weapon. It is enough taht he has knowledge of the weapon and dominion and control over it at the time. As to the rest of your question, it's too convoluted to make sense.

    Mr. Feasel is a former prosecutor in San Mateo County (CA) with over 10 years of criminal law experience. Nothing... more
  2. Michael Lawrence Doyle


    Contributor Level 20


    Lawyers agree

    Answered . This really can be a grey area. The reason that I say that is that lying under oath involves an intentional misrepresentation. Officers handle so many cases and testify so many times that the court would likely see this as a mistake caused by not remembering the events accurately or confusing it with another case. I find it very unlikely that this would be seen as intentional unless this was a pattern of behavior for the officer, there was a motive and there was some extrinsic evidence showing that he knew he was not telling the truth. This almost never occurs.

  3. Michael Douglas Shafer

    Contributor Level 20


    Lawyers agree

    Answered . No.

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