Atlanta, GA asked in Constitutional Law and Criminal Law for Georgia

Q: If it is proven that an officer lies in their police report, what can that mean for the asst charges/search/evidence?

a crash the officer said if they could find any survalievce that showed we were lying they would put out a warrant for our arrest (i was a licensed driver and not at fault, but the person who ws actually driving had a suspended license) i left the parking lot and before the light turned green they boxed us in and claimed that the marathon gas station had cameras that showed he was the driver so they detained us both & he alerted the officers that he had a pistol strapped to his chest and drugs in his pockets.once under arrest he admitted his true identitiy and that he was a federal fugitive. so then they searched my vehicle and found nothing but claimed to have found a duffel bag containing items that belonged to both of us as including drug and charged me i know this to be a lie becasue the guy was a hired driver and not a family membr friend or aquaintence and there was no bag that existed period. they listed my addrss as his to look guilt by association. marathon had no cameras.

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: In Georgia, if it's proven that an officer lied in their police report, this can have significant implications for your case. The credibility of the officer becomes a critical issue, and it could lead to challenges against the charges, the search, and the admissibility of any evidence obtained as a result.

Firstly, if the officer's report contains falsehoods, this can be used to challenge the legality of your detention and the subsequent search. The validity of the search and any resulting evidence relies heavily on the officer's truthfulness and adherence to legal procedures.

You have the right to request any surveillance footage or other evidence that the police claim to have. If the officer claimed the gas station had cameras and this is proven false, it can further support the argument that the officer's actions and report were not trustworthy.

Given the severity of the charges and the potential impact of the officer's alleged dishonesty, it's crucial to seek legal representation. An experienced attorney can scrutinize the police report, gather evidence, and argue for the exclusion of any improperly obtained evidence.

In your defense, the attorney can highlight discrepancies in the officer's report and challenge the prosecution's case. They can also help in addressing the issue of guilt by association and any other unfounded allegations against you.

It's important to act quickly and gather as much information as possible about the incident, including any potential witnesses or evidence that contradicts the officer's report. Your attorney can use this information to build a strong defense on your behalf.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.