Showing officers notes are not accurate?

Moderators: admin, hwybear, Radar Identified, Reflections, Decatur, bend

jsherk
High Authority
High Authority
Posts: 1722
Joined: Thu Jul 26, 2012 1:18 pm

Showing officers notes are not accurate?

by: jsherk on
Thu Feb 14, 2013 11:41 am

Hi

Not sure of the proper terminology, but is it possible to prove the Officers notes are not accurate and have them thrown out?

For example, if the offence notice has additional information on it that is not necessarily required, yet is incorrect (wrong make/model of vehicle), and after requesting disclosure, I noticed the officers notes also have the same incorrect make/model of vehicle, can this be used in anyway to have the notes thrown out or invalidate the officers testimony?

Thanks
+++ This is not legal advice, only my opinion +++
bend
Moderator
Moderator
Posts: 1264
Joined: Wed Sep 19, 2012 1:44 am

Posting Awards

Moderator

by: bend on
Thu Feb 14, 2013 1:03 pm

No. The officer is in his right to write down anything he chooses, whether you believe it is right or wrong. He did not gather that information by breaking into your garage or getting a statement against your will. If you believe the officer is wrong in his notes, I suggest you use that information against him in your defense.
jsherk
High Authority
High Authority
Posts: 1722
Joined: Thu Jul 26, 2012 1:18 pm

by: jsherk on
Thu Feb 14, 2013 1:13 pm

@bend said " If you believe the officer is wrong in his notes, I suggest you use that information against him in your defense."

This is kind of what I was asking about (although I did not say it very well) ... so do I want to show that the officer's testimony is unreliable because of this? Is there a specific legal term I can search for case law (I dont know what this called so it makes it hard to find what I am looking for).

Thanks
+++ This is not legal advice, only my opinion +++
argyll
VIP
VIP
Posts: 888
Joined: Fri Jun 25, 2010 3:30 am

Posting Awards

by: argyll on
Thu Feb 14, 2013 7:56 pm

You can suggest to the court that an error in the notes throws the rest of his or her testimony into doubt, but courts also accept that people are human and make mistakes. Notes are an aid to memory, not the testimony itself.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !
jsherk
High Authority
High Authority
Posts: 1722
Joined: Thu Jul 26, 2012 1:18 pm

by: jsherk on
Fri Mar 01, 2013 11:14 am

+++ This is not legal advice, only my opinion +++
User avatar
AlienPrime
Jr. Member
Jr. Member
Posts: 31
Joined: Tue Feb 26, 2013 3:54 pm

by: AlienPrime on
Fri Mar 01, 2013 2:33 pm

yeh got pulled over in my GTi-R Pulsar a few years back. Officer wrote it was a "Nissan Hatchback" He also refused to step the the right hand side of the vehicle and kept talking to me through the passenger window on the left haha. cops hate rhd
"In fact, the more things are forbidden, the more popular they become"
- Mark Twain
Post Reply

Return to “General Talk”

Who is online

Users browsing this forum: No registered users and 7 guests