Will a police lie under oath? You betcha! You mean you actually think that the oath to testify truthfully means something? Well, not all cops will lie. But I am of the opinion that most will do so.

So let's take a look at what actually happens in a typical D.U.I. arrest. The cop observes the driving pattern and makes a stop. The cop approaches the driver, observes some indicia often associated in D.U.I. cases, such as slurred speech, bloodshot eyes, flushed face and the odor of an alcoholic beverage. The cop then will perform his D.U.I. investigation and make the arrest. At some point in time the cop will write down his observations and what occurred in a probable cause affidavit. This affidavit is actually under oath, as it is sworn to and notarized or witnessed by another cop.

Now suppose the cop when writing out the probable cause affidavit omits, some indicia or maybe all of them. Interesting, huh? A D.U.I. arrest has been made but without some of the indicia. So here I am. the Florida D.U.I. lawyer you have hired to defend your case. I am reading the probable cause affidavit and see these omissions. My first thought, is good! I know that is is fodder for cross examination! Will I file a motion? Maybe, it will simply depend.

So, four to six months later we are in trial on your case. The cop testifies on direct to the earth, the moon, the sun, and the stars. Otherwise known as testifying to the indicia being present that he had left out of his probable cause affidavit. What happen you ask? Well, the cops ALWAYS speak to the assistant state attorney prior to motions or trial. The assistant state attorney will bring it to the attention of the cop by directing asking him. The cop then can say "I did not observe the indicia" or like most of them will say ,"yes, I saw that one I just forgot to write it down."

Now it's my turn. If the cop, for example, doesn't mention slurred speech in his probable cause affidavit, but testified during direct that it was present, I will ask him where in his report did he mention slurred speech. The cop will immediately answer that he did not or make a show of looking through his report. I will then ask the officer whether an observation of slurred speech is important in a D.U.I. case. I will then ask him whether writing out a correct probable cause affidavit is important in a D.U.I. investigation. I will also ask him whether the probable cause affidavit is under oath? I may ask him why he has suddenly remembered slurred speech, 6 months after the arrest. I may ask him who he arrested before my client and who he arrested after. I may also ask him what he had for lunch that day, just to see what he says. If he left out other indicia in his probable cause affidavit but testified at trial, that they were present at the time of the arrest, I will repeat the aforementioned scenario for each indicia. Keeping in mind the jury is watching his responses carefully.

Of course, all of this presupposes that the defendant is not slurring on the videotape! So is this perjury? I think it is. But the cops will say they remembered the added information at time of trial. Will anything happen to a cop who constantly adds new information at time of trial? No, nothing will. You see law enforcement is expected to lie. The judges accept this, the assistant state attorneys accept this. I have heard a judge ( a former prosecutor) in open court state that "all the cops lie". I have had a non-jury trial where the judge makes a finding of fact that stated "deputy ????, was not in a position to witness what he testified to." So it sounds like perjury to me. But the reality is I cannot think of the last time the State Attorney for the 15th Judicial Circuit (Palm Beach county,Florida) actually prosecuted a cop for perjury.

Can anything be done to stop it? Probably not! As Professor Allan Dershowitz observed during the O.J. Simpson case back in the mid 1990s we have had 100 years of police perjury in this country. I do not see it changing anytime soon.

We all know the Popo Be lying most of the time... P.I.G.S