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Suppression Hearings
My question involves criminal law for the state of: Michigan.
At a suppresion hearing can an officer try to argue facts that he didnt say in his initial report. i have drug paraphernalia charges right now and my lawyer already in her motion has pretty much won the case, but says that officer and prosector will try to claim that the totalitary of the circumstances and the expierence of the officer would justify the stop. i was under the impression that if that stuff wasnt in the report than they cant use it in court. could someone please clarrify.
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Re: Suppression Hearings
Yes, the officer can bring things up that aren't specifically mentioned in the police report. Your lawyer may try to get the officer to admit that the new allegations are of the sort that would normally, or as a matter of good police work, be recorded in the police report. Not everything goes into the report.
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Re: Suppression Hearings
so if an officer had a flimsy case to suppurt his reasoanble suspicon he can just come to court and say whatever he wants in order to support it no matter how untrue it is.
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Re: Suppression Hearings
Is it possible? Sure. But it's far more likely that you're describing what a defendant might do.