Example: How cops LIE to get warrants!! Cops Busted!!, page 1

Just in case any of you still think that cops usually tell the truth to get warrants, here is a typical case that I though you might find interesting. There is really nothing special about it, sadly, except that justice was done in the end and in many cases a defendant cannot afford to take the case to another level, which is where most legal remedy is.

Many judges, and virtually all prosecutors, will ignore coomon sense applications of the law in order to get a conviction, and to keep a politically favorable profile if they are elected, as most are. they do not care if you are really guilty; they believe that if you can afford the appeal and win, it will be old news and will not affect their images in the press. If you cannot afford to appeal, then you simply rot in jail and justice is once again slapped in the face and the Constitution trampled.

Take a look:
openjurist.org...




Here are a few quotes from the Appeals Court:




" There is no question that Officer Engle acted with reckless disregard for the truth in view of the remarkable inaccuracies presented in his affidavit. Detective Engle by his own admission was informed by Deputy Keeney of Holt's tip within a day of filling out the application for the warrant in this case, yet Engle implied in his affidavit that he drove by Hammond's property in order to verify Holt's tip in April. Detective Engle stated that Holt informed Deputy Keeney that the marijuana was located in a "side room" of the building, yet Deputy Keeney testified at the Franks hearing that he did not recall such a statement. Detective Engle stated in his affidavit that he "verified [Holt's] complaint" when he drove by Hammond's property, yet he did not see any marijuana growing or for that matter any indications of criminal activity. All he was able to "verify" was that a Glen Hammond lived in Rockcastle County off of KY 1955. Detective Engle stated with certainty that there was no trailer on the Hammond property, yet there was a trailer. The power records were not for the buildings they were attributed to in the affidavit. The building that Engle claimed to have no windows, did in fact have windows. This is not the case in which an officer made a small error in the affidavit, when applying for a warrant. The number of falsehoods and half-truths told are substantial and reflect, at the very least, a reckless disregard for the truth. For these reasons, we should reverse the district court's ruling and grant Hammond's motion to suppress the evidence seized in both searches.3
"
III

30
Hammond also contends that there was insufficient evidence to support his conviction under 18 U.S.C. § 924(c)(1). However, given our decision to grant Hammond's motion to suppress, it is unnecessary for us to evaluate this second issue on appeal. For the reasons given above, we REVERSE the district court's denial of Hammond's suppression motion and REMAND this case for proceedings consistent with this opinion.
CONVICTION OVERTURNED!!

Now, because of bar police work, POLICE PERJURY, and no scruples, the State lost a case where they had a machine gun, sawed off shotgun, some hard drugs...and some pot. They lost a chance to actually convict the guy because they preferred lies and the easy way to following the law. Can you imagine how the cop feels? he has been outed by a major court as a LIAR, perjurer and criminal cop. Perjury is lying under oath, which is required for a warrant application.

You might say, well, that is only one case..how many cops are actually lying on warrant affadavits? Hard to say with accuracy: Sadly no statistics are kept on the number of appeals that are won on the basis of faulty warrants and rubber stamping magistrates, but there SHOULD be. I bet it would reveal a nightmare number of cases, most done away with at preliminary hearings if TOO obviously false or insufficient, and the rest left to wind their way through the system....wins for those with money for a lawyer, and losses for the poor.

Here is another case where the cops purposely hid information and wanted the judge to believe that they had PERSONALLY observed the defendant when in fact they had just stuck a GPS device to his car and assumed all movements were him!!
CONVICTION OVERTURNED!!


web.courierpress.com...

From that decision: ' The affiant never mentions the use of a GPS device...why? Does the affiant want to hide that fact ?".


And here is a good case where the cops LEFT OUT critical info from the magistrate, but also knew that a dog had failed to alert and that they had NO probable cause, but raided a mans home anyway...CONVICTION OVERTURNED!!

openjurist.org...


I could go on and on citing cases, but I think you get the point: Cops CANNOT be trusted to truthfully relate facts when seeking warrants, lies are common, and if you are the victim of police perjury on a warrant affadavit, make sure your lawyer always carefully researches the warrant applications and investigates to make sure that the cops are telling the truth...cops simply CANNOT be trusted ; if they will lie under oath to get a warrant, they are no better than anyone they are chasing.

reply to post by andy1033

---

Explain this to me then. If all police are bad then why has my dad arrested two members of our family and multiple members of my wifes family. The two guys he arrested out of our family were actually around him everyday while he was growing up. Some people are bad, tell me what your job is and I will be able to paint you the same way with some examples of bad apples from your profession.

reply to post by mahtoosacks

---

Then you must live in a tent.. Correct?

If not, you are a hypocrite..

Cause there are plenty of "bad" carpenters out there and surely that means they all are.

(Someone must have gotten a ticket and got all mad)

I'm not a "buddy" by the way

Originally posted by darkangel831
reply to post by mahtoosacks

---

Then you must live in a tent.. Correct?

If not, you are a hypocrite..

Cause there are plenty of "bad" carpenters out there and surely that means they all are.

(Someone must have gotten a ticket and got all mad)

I'm not a "buddy" by the way

you are arguing for corrupt cops. you wont break me on this.

represent what you are sworn to, or find another job.

and why would i live in a tent. you make no sense, buddy.

reply to post by mahtoosacks

---

If it made no sense, then you cant follow common logic.. Pal

I can't dumb it down any more than it is..

Simple concept

You hate cops, you probably got arrested for doing something stupid and now you are out to make all cops look bad'

Simple enough? Palzie

Originally posted by darkangel831
reply to post by mahtoosacks

---

If it made no sense, then you cant follow common logic.. Pal

I can't dumb it down any more than it is..

Simple concept

You hate cops, you probably got arrested for doing something stupid and now you are out to make all cops look bad'

Simple enough? Palzie

you are so far off base, that by your own logic, you must be a cop.

i pay my tickets if i get caught doing something. its my purragative to own up to my actions.

some cops however dont seem to think this applies to them. that is where my beef lies.

some supposed super citizen better start acting like mr hero if he wants my respect.

otherwise, how is he or she any different from the criminals they persecute.

got it yet?

edit: and it was your logic that was initially wrong. i never said i was moving away (not living under the roof anymore), so why would i not live in a house?

[edit on 3/11/2010 by mahtoosacks]

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