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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118658
Experience:  20+ Years of Employment Law Experience
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I'm a local police officer. I have never lost any prelims or

Customer Question

I'm a local police officer. I have never lost any prelims or suppression hearings. I've never been disciplined. I've won several awards and have a very good record. I was sent on a call where the victim had a gun pointed at him. Suspect got onto a car, which I located during the call, and conducted a traffic stop. Another officer assisted and as we walked up to the car, I saw the passenger with the pistol as his door opened. When he saw me he dropped the gun instantly and I ordered him out of the car. He was arrested. Before the prelim the state attorney called me in his office to discuss the case. He asked me to explain how I saw the gun bc he can't see it from my in car video. I explained the above to him. He told me it wasn't clear and that he'd rather drop the charges. Then two weeks later my department let me know that there will be an investigation bc the state attorney send them a memo in which he claims I lied in my report about seeing a gun. ( we did locate the gun on the passenger side in the vehicle), he said that he will add me to the giglio list bc in our meeting I told him I may have not seen the gun in the suspects hands. THATS NOT TRUE. I never told him that. My report is accurate. I did see the gun. Now I risk being taken off the street based on the state attorneys lie.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Welcome to the new world where the police are evil. As a former police officer and prosecutor, I find what the public is doing to criminalize police and claim everything they report is a lie to be distasteful. In handling many of these cases, the state attorney cannot say you lied about what you saw, he was not in your head nor was he standing there to see the view you had. The only way he can say you did not see what you saw is if he has proof of some obstruction between you and the perpetrator that would have made it impossible for anyone to see what you claim. The claims of the prosecutor you are giving above sound like a prosecutor who has no real world experience or has some issue that he wants to take out on you or the police in general (which is not uncommon either).
Your union attorney and you of course can fight this claim and also ultimately can file a complaint to the state bar against the attorney when you prove he is making false statements about you and seek to have him disciplined for doing so.
Unfortunately though, it means now you have to fight to prove you were accurately reporting the incident and the state attorney was incompetent or had some grudge he is looking to pursue against you.