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  1. #1
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    Apr 2011
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    Default False Police Report

    My question involves criminal law for the state of: Michigan

    I was pulled over and searched because and officer falsely claimed he saw me puchase drugs, long story short I was with kids who are African American and im not and since we were in an upper middle class all white area the cop just assumed we were with them to purchase drugs.
    He searched my car, found no drugs but i did have paraphernelia. Since i didnt actually have any drugs it is impossible for to officer have seen me buy any drugs. He actually wrote on the report he saw us complete a drug transaction which never happend and his thourough search of me, my passenger and the car, including a canine sniff should prove that i never bought drugs.
    since he stated that the reason for the stop was him witnessing a drug deal (which he himself proved never happend) he should not be able to go back and use the totality of the circumstances and reasonable suspicion for the stop because he cleary wrote on the report and said during the stop (which was recorded) that he conducted based upon our activities that he had reasonable suspicion for the stop

    Allright just simplifing the question, since his reason for stopping clearly isnt true i should be able to get the paraphernalia charge dissmissed?

  2. #2
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    Default Re: False Police Report

    Maybe. Maybe not. The reasonable suspicion for the detention can be a low bar to reach, so the detention may have been justified based upon his observations. A search may not have been.

    When he asked to search the car, what did you say?

    Your attorney will be able to read the police report and determine whether a suppression motion stands a chance of succeeding. Depending on what the officer is relying on, you might get lucky and your attorney might be able to convince the DA to drop the matter.
    **********
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    Love mercy,
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  3. #3
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    Default Re: False Police Report

    it was written on the report and heard on the video that the reason for the stop was him watching me purchase drugs. Of course i never actually purchased drugs. So firstly me not actually having drugs should prove that a transaction never happend. Secondly could he come to court and tesify that he had artiuclate suspicion to stop because based on his expierence as an officer our behavior made him reasonably believe that were involved in drug activites and thats he stopped us, even though he wrote on the report his reason for the stop was witnessing a drug transaction not just suspecting that one could have been happening.

  4. #4
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    Default Re: False Police Report

    Quote Quoting SpartanSaint
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    it was written on the report and heard on the video that the reason for the stop was him watching me purchase drugs.
    And that might be reasonable. That would be up for a court to decide if such a motion is made.

    Of course i never actually purchased drugs.
    But, the key is not whether you did or not, but whether it was reasonable to assume based upon the totality of the circumstances. If another "reasonable officer" would have made the same conclusion given the facts at hand, then the detention will likely be seen as good.

    So firstly me not actually having drugs should prove that a transaction never happend.
    No, that only proves they did not find the drugs, not that you never had them. I'm not saying you did have any, but not finding the drugs does not mean that you never had them as they could have been disposed of or hidden prior to the search.

    Secondly could he come to court and tesify that he had artiuclate suspicion to stop because based on his expierence as an officer our behavior made him reasonably believe that were involved in drug activites and thats he stopped us, even though he wrote on the report his reason for the stop was witnessing a drug transaction not just suspecting that one could have been happening.
    Yes. he can go into court and testify that based upon his training and experience, the actions of the parties involved lead him to conclude that a drug transaction had just taken place. Admittedly that might be a tough claim to sell unless he has a good deal of experience. If he has specialized experience with a drug task force or some sort of thing, he may be able to make that argument a lot easier than if he is a young patrol pup.

    Your attorney will be able to evaluate the circumstances and make the call as to whether a suppression motion might prevail or not.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  5. #5
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    Default Re: False Police Report

    Quote Quoting cdwjava
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    Yes. he can go into court and testify that based upon his training and experience, the actions of the parties involved lead him to conclude that a drug transaction had just taken place. Admittedly that might be a tough claim to sell unless he has a good deal of experience. If he has specialized experience with a drug task force or some sort of thing, he may be able to make that argument a lot easier than if he is a young patrol pup.

    Your attorney will be able to evaluate the circumstances and make the call as to whether a suppression motion might .
    so he can come into court and use a complelty differnt rational for the stop than what he reported orginally? Also maybe im missing your point here, but by your logic an expierenced officer can stop and harrass anyone for no reason and since he's and expierenced officer the stop and search would stand up in court?

  6. #6
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    Default Re: False Police Report

    Quote Quoting SpartanSaint
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    so he can come into court and use a complelty differnt rational for the stop than what he reported orginally?
    It doesn't seem so different. He suspected a hand to hand drug sale because of his training and experience. It's not really a contradiction. But, if the officer can't talk his way out of a soap bubble, then maybe he can get tripped up somehow.

    Also maybe im missing your point here, but by your logic an expierenced officer can stop and harrass anyone for no reason and since he's and expierenced officer the stop and search would stand up in court?
    No, they cannot stop and "harass" anyone based upon training and experience. However, the articulable reasonable suspicion needed for a detention is a relatively low legal hurdle to make. In general an investigative stop or detention is valid if the officer has "reasonable suspicion" that: (1) criminal activity may be afoot and (2) the person you are about to detain is connected with that possible criminal activity.

    To stop for no reason is, well, unlawful.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  7. #7
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    Default Re: False Police Report

    im positive we can get the court to agree that we were at the mall shopping and not buying drugs, even the officer admited so and wrote that in his report. should that make a difference.

  8. #8
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    Default Re: False Police Report

    Quote Quoting SpartanSaint
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    im positive we can get the court to agree that we were at the mall shopping and not buying drugs, even the officer admited so and wrote that in his report. should that make a difference.
    I thought you said he wrote he believed he observed a drug buy. Which is it?

    As I said, your attorney can make the call. A lot depends on the officer's articulation of what he saw and the justification for the search after the detention.

    Again, I ask, did you consent to the search of the car? When he asked if he could search, what did you do or say?
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  9. #9
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    Default Re: False Police Report

    he wrote on the report he saw a transaction, but then at the end of the report he wrote down what we really doing that had nothing to do with drugs. So its an admission he couldnt not have seen a transaction.

  10. #10
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    Default Re: False Police Report

    Quote Quoting SpartanSaint
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    he wrote on the report he saw a transaction, but then at the end of the report he wrote down what we really doing that had nothing to do with drugs. So its an admission he couldnt not have seen a transaction.
    If that is how it will be characterized, then chances are good the DA won't file, or, your attorney can get the matter dropped in short order.

    Though if his conclusion was based upon interviews and an investigation made AFTER the contact, that simply means that he made a detention based on his articulable suspicion and after further investigation found that no crime had occurred.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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