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  1. #1
    Join Date
    Apr 2011
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    19

    Default 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.

  2. #2
    Join Date
    Sep 2005
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    Default 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.

  3. #3
    Join Date
    Apr 2011
    Posts
    19

    Default 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.

  4. #4
    Join Date
    Sep 2005
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    98,846

    Default Re: Suppression Hearings

    Is it possible? Sure. But it's far more likely that you're describing what a defendant might do.

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