Isn’t that a crime?
Court holds officer’s testimony not credible since it was contradicted by the dashboard camera of that officer saying something else. And people wonder why I have recording devices in my vehicle.
8 Responses to “Isn’t that a crime?”
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January 25th, 2011 at 10:51 am
Actually this brings up a great question. What sort of recording devices do people have? I guess I could use my iPhone but what else is out there?
January 25th, 2011 at 10:53 am
I have a droidx. Dashmount too. Also, I use ustream so things are fed to the intertubes.
January 25th, 2011 at 12:04 pm
I believe it used to be called “perjury”, but that was decriminalized back in the late 90’s — I think the case was Clinton v. The Meaning of the Word “Is”.
January 25th, 2011 at 12:21 pm
Not if it is a cop. Exclusionary clause…
January 25th, 2011 at 12:24 pm
It’s just amazing that the cop car camera didn’t have a untimely malfunction.
January 25th, 2011 at 1:21 pm
The problem is that the officer could argue that he lied at the road side, and told the truth in court. That wouldn’t be perjury. While from the evidence it seems more likely then not that the officer lied both times, I don’t see the evidence being strong enough to convict him.
January 25th, 2011 at 3:03 pm
Deprivation of his 4th Amendment Rights under color of law?
January 25th, 2011 at 4:52 pm
@Monty
I agree-you’ve got to show intent. I think this was an undertrained Officer who didn’t know the difference between a checkpoint( legal) and a roadblock(illegal). Instead of following the vehicle and doing a pre text stop( still legal), he just went the roadblock route…which is an unlawful stop. When pressed about it in court he got scared/confused/whatever and lied about it. Do I think he perjured himself? Yes, yes I do. Could you prove it in court beyond a reasonable doubt? I don’t think so. Police Officers are allowed to lie( on the street, not under oath), and that would be the defense with a little bit of “I got confused” thrown in for good measure. I don’t think he maliciously intended to break the law, but the road to hell is paved with good intentions( and sloppy police work). He may not be charged with perjury, but he’s been found to be not credible in court, which will bar him from future testimony, and opens the door on any past convictions he secured.