Police perjury is when a law enforcement officer lies under oath or makes a false statement under oath. This issue arises frequently in criminal cases, and if substantiated, the evidence obtained by that officer cannot be admitted in a trial against the defendant. The police officer will face suspension or dismissal from their employment, as well as criminal charges.
Police perjury is a situation where a police officer or law enforcement officer lies under oath or makes a false statement under oath. When this happens, he is subject to the same legal consequences as a citizen conviction.
The issue of police perjury comes up frequently in criminal cases. In the United States, the police must have a reason to stop an individual or to search a person’s home or vehicle. Unfortunately, in some cases, the police officer didn’t actually have a legitimate legal reason for the stop or frisk, but will claim to have had one. In this situation, there are a number of opportunities for the police officer to lie or make a false statement under oath. Though less common, police officers sometimes brazenly plant evidence, fabricate evidence from non-existent sources, or intentionally “leak” evidence that could exonerate the defendant.
The normal procedure for a police officer includes first submitting a report, often referred to as a probable cause affidavit, summarizing what occurred leading to the arrest, search, and/or arrest of the defendant . The complaint must be signed, under oath, by the police officer. If the police officer changes, omits or adds untrue information, he has committed perjury to the police.
The next opportunity for a police officer to lie or make a false statement comes at any of the many hearings that can take place in a criminal case, such as a probable cause hearing or a motion to suppress the hearing. At each of these hearings, or at trial, the police officer must testify and swear under oath to tell the truth. Again, if the officer lies on the witness stand or falsifies any of her testimony, then he has committed perjury.
In most cases, if a police perjury charge is substantiated, none of the evidence obtained by that officer can be admitted in a trial against the defendant. Depending on the situation, perjury may have tainted the case against the defendant to the point where all charges must be dismissed. Additionally, the police officer will face suspension or dismissal from his or her employment, as well as criminal charges. This crime is often a felony, meaning that anyone, especially a police officer, who is convicted can be jailed.
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