Criminal Law Questions? Ask a Criminal Lawyer.
what elements would I have to prove to be reasonally successful at wining a motion to dismiss for police misconduct?
we found out that detectives have left many things out of discovary and lieing on the police reports to make it seem that this vic identified me threw video at store and description, and tag number to get a warrant....none of this was true and came to light during depos and discovary....they even left out the detectives who first responded to the call because the police gave her my name she was able to look me up on police website BEFORE she picked me out of a line up.....and she admitted this at depos....not to mention this person didn't even report the robbery until 4 weeks later
in your experences as a lawyer are there a lot of cases where you can actually prove the police manufacture evidence and they aren't accountable and only get a pat on the back,,,,, I only ask cuz if the cops can lie and not get introuble im prob fighting a loose battle
In my experience there aren't alot of cases where it has been proved that police lied or manufactured evidence. However, in those cases where there is such evidence, the police misconduct has been taken very seriously. There have been instances where police have lied to obtain a search warrant and, as a result, evidence suppressed even though contraband was found. You seem to have a valid argument for dismissal in your case where the police did not follow procedure, then lied about it, and back-dated reports and the like. However, as mentioned in the cases above, alot depends on the particular facts and the totality of the circumstances of the case, so it's difficult to estimate your chances of success. Dismissal of a case based on police misconduct is still considered an extraordinary remedy and the judge may impose a lesser sanction if there is one available that would have the same deterrant effect. Also, often an attorney might file a Motion to Dismiss such as this to use as leverage in getting the prosecutor to dismiss the charges or offer a better plea deal.
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