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What If an Arresting Officer Makes False Claims in a Police Report?
Henry Jennings
Depending on the details of your criminal case, it could come down to your word versus a police officer. Unfortunately, there have been documented instances in which police officers have falsified reports and given false statements. If an officer has falsified a report in your case, here is what you need to know.
Can an Officer Give a False Statement?
Legally, an officer cannot give a false statement about events that occurred to the court or in his or her report. However, a police officer can legally lie to you in an effort to get a confession.
For instance, an officer can claim to have physical evidence that ties you to a crime scene. The officer could even claim that there are witnesses who are willing to testify against you.
Even though the officer can lie to get a confession, he or she cannot go further than that with the false statements. If he or she does and it can be proven, there could be consequences.
How Can You Prove the Officer Lied?
Proving the officer lied can be challenging. However, it is possible. For instance, if you have credible witnesses that can contradict the statements of the officer, there is a possibility that the court might side with you.
Many police cars are equipped with cameras that record video and sound. If your interactions with the police officer occurred near the car, there is a good chance that the incident was recorded. At the very least, there should be audio that can be used to question the officer's statements.
Can the Officer's Past Be Used Against Him or Her?
One of the first actions you can take to prove that the officer's statements were false is to look at his or her background. If the officer has a history of making false statements or has several complaints that allege this about him or her, you could use it to challenge the officer's credibility.
Your attorney can request the officer's personnel records and arrest history. If the police are unwilling to cooperate, your attorney can request a subpoena from the court.
If you are able to prove that the officer's statements are false, he or she could face consequences, including criminal charges for perjury if he or she lied in court.
An attorney like those at Larson, Latham, Huettl Attorneys can help you find other ways to prove that the officer was not truthful. He or she can also help you think of strategies to win your case.
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