Police Mistakes & LIES
Proposed Opinion to PNJ in July 2015 But Never Printed
​Film It, You Never Know
When police make a mistake, they might make something up, lie and perjure themselves
Another police shooting, so far this year 558 people have been shot by the police. But police are almost never prosecuted. Some of the shootings may have been justified, but if not, the police will lie to coverup the mistake. And video evidence is beginning to show how frequently police lie, even in the most inconsequential case and for nothing more than a traffic ticket.
The driver/attorney in the case discussed here hosts a radio show on Wednesday afternoons on 1330 AM WEBY. He has told this story several times.
In November 2013, he was stopped driving to a Florida State football game in Tallahassee by a Florida Highway Patrol (FHP) Trooper. The driver asked the trooper why he was stopped; the trooper said because the vehicle’s headlights were not on. The driver pointed out that almost none of the vehicles had their headlights on. The trooper become annoyed at being questioned, he took the driver’s license, registration, and insurance. The driver got a ticket for violating Fla. Stat. 316.217, titled “When lighted lamps are required.”
At the hearing several months later, the trooper testified that it was early afternoon, but raining, so he ticketed the driver. In response to a question by the driver, the trooper said that he did not have the video of the stop. Usually that would be the end of the hearing, no matter the driver’s testimony, even where the driver is an attorney.
Fortunately for the driver, during the stop he called his son (also an attorney), who told his Dad to film the stop with his cell phone. When the hearing officer asked the driver if he had any testimony or evidence to offer, the driver produced a CD with a copy of the video.
Before it was played, another FHP trooper present for a different traffic hearing that day intervened and asked for a conference at sidebar. An attempt was made to negotiate a ‘settlement’, payment of the fine, but no points, and perhaps other resolutions were discussed. With other hearings waiting, the driver and troopers were sent into the hall. The trooper who wrote the ticket talked about the driver’s attitude and wanted an apology. He eventually said he would agree to a dismissal if he got an apology. The driver didn’t agree that he had been discourteous, only that he asked why he was getting a ticket.
The second trooper spoke with his colleague and convinced him to agree to a dismissal. The ticket was dismissed, the record says “no reason given.”
There are several interesting lessons to be gleaned from this case.
First, police will lie cavalierly, even over the most inconsequential matters, like a ‘chicken crap’ traffic infraction with a $166 fine. Imagine police veracity after a shooting.
Second, there are no consequences when police lie. I would be interested to know if the second trooper ever reported his colleague to his supervisors, but I doubt it. Several years ago I had a case where a police officer forged a search warrant affidavit. The prosecutors seemed to condone and even encourage the officer’s actions to ‘save’ the case. I later called the Florida Department of Law Enforcement, but was rebuffed. Now you may understand why prosecutors are generally opposed to recording police interrogations.
I have called the driver/attorney in the traffic case during his radio program and asked if he has taken any action. He thought that nothing needed to be done, the trooper learned a lesson.
Would you agree?