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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
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Experience:  Lawyer
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Can a police officer state in motion of discovery they saw

Customer Question

Can a police officer state in motion of discovery they saw you make drug sale the later say they didn't see u make sale.are those grounds for dismissal
Submitted: 2 years ago.
Category: Legal
Expert:  Lucy, Esq. replied 2 years ago.
Hi,

My name is ***** ***** I'd be happy to answer your questions today. I'm sorry to hear that this happened.
Did the police officer state that the person was seen making drugs in any pre-arrest documents, like a search warrant application or the Complaint itself? Or only in a request for discovery?
Customer: replied 2 years ago.
It was me and this was his statement in motion evidence..only discovery I know of not warrant..they say I sold to informant and they watch from hiding place now he say he didn't see it
Expert:  Lucy, Esq. replied 2 years ago.
Discovery is only sent to the defendant and his lawyer. Motions go to the judge, but the jury never sees them. A motion is not admitted into evidence at trial, and it's not the basis of the charges.
So, an incorrect statement in a pretrial motion typically wouldn't be grounds for dismissing the entire case. However, it could help you at trial to discredit the officer - you'll be able to show that he's given different versions of the same event, or made false statements before, which is a reason the jury shouldn't believe him and they should find you not guilty. All you have to do is establish reasonable doubt. Also, you have the ability to file a response to the motion, pointing out the inaccuracies.
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