If an officer states on a telephonic warrant request while giving his narrative to a judge, I. E. "this guy (alleged perp) possesses illegal drugs", and then later states he, alleged perp "makes it well known he does possess these drugs" but has no proof and admits on the recording that there is no record of this, what are the options. The alleged perp was arrested for a totally different crime and the judge shot officer down real quick almost scolding him and just issued warrant for the idem requested.
The officer will appear at trial but there will be a lot quashed including that issue(s) and it will never come up.
What are the options? How can remedy be sought, hate to use this word, revenge on officer for attempting to destroy a reputation? Not a drug user by any sense of the word.
Your question isn't exactly easy to decipher. Are you asking how to challenge the information given by an officer in an attempt to obtain a search warrant? If so, that is usually done in something called a "Franks Hearing" (see link below).
The defendant should talk to their attorney about the validity of the information, and the possibility of a Franks Hearing to quash any seized evidence.
If the basis for the arrest was the warrant, which was based on false info, then the search and all evidence turned up in the search could be suppressed. However, you seem to suggest that issue has already been "quashed." If the officer testifies at trial about the other stuff seized, he could be cross-examined and his credibility attacked by questions about his false statements. This would be a high risk strategy because it probably doesn't help you to bring up claims, even if false, that perp is a drug dealer. If you are asking can you now sue the cop, it will be very difficult to prove that the cop was knowingly lying when he said perp was a drug dealer. Cops are protected by good faith. You would have to show not merely that he was wrong, but that he set out to frame you with false info. Almost impossible. In any event, as I understand your summary, it sounds like he admitted that he had no proof of these allegations when the judge asked him. But having an honest belief, even without sufficient proof, is not an improper reason to pursue an investigation. You could also file a complaint against the officer with his police department. Again, not much likely to come of it, since the cop will say that he knows you are a drug dealer, he just can't prove it yet. If I were you, I would focus on the charges pending against you, and stop worrying about how to get revenge on the cop.
You would not. The Office of the Prosecuting Attorney could file a felony charge of perjury if warranted.
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