In Az. A cop gave sworn testimony in the form of an affidavit to a superior court judge that I was caught on video tape leaving a casino with a stolen purse. There is no video of me leaving a casino with any purse much less a stolen purse. The police lied on his affidavit inorder to secure the search warrant of my home. WIll it be thrown out of court?
2006-08-02 04:16:34 · 2 answers · asked by ?? 3 in Politics & Government ➔ Law & Ethics
If an affidavit is sworn, that sounds like perjury. Assuming the cop actually lied. It's entirely different to say you saw a tape when you did, than to say you saw a tape when one never existed.
If a warrant was based primarily on such false testimony, then it doesn't meet the probable cause and due process standards.
Your attorney should definitely look into this.
2006-08-02 04:23:39 · answer #1 · answered by coragryph 7 · 0⤊ 0⤋
Th e issue isn't the cop lying, it is the missing videotape. Your lawyer should have requested a copy. i dont' know your specific laws but some jurisdictions say that a person can't testify about evidence (the tape), you have to produce it and let it speak for itself. If they can't produce it, you have a good shot at having the case thrown out
2006-08-02 04:22:46 · answer #2 · answered by Anonymous · 0⤊ 0⤋