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This is only partially true (on several of the statements). The plain smell test has this problem in general. So does any witness testimony. In the case of dri
by giantg2 2y ago
This is only partially true (on several of the statements).
The plain smell test has this problem in general. So does any witness testimony. In the case of driving, they will issue sobriety tests and a blood test. But part of these searches is different because of the way driving is treated as a privilege and the conditions you agree too in requesting a license. These subsequent tests will verify the officer's statements. The admissibility of evidence from searches based on this sort of "mistake" is up to the court to determine if it was in good faith.
As for the lying... there is a difference between lying and being mistaken. Very few people in general are prosecuted for perjury because it requires proving that they willfully provided false testimony. This is very evident in the way protection from abuse orders are misused in many divorces and the requestor is almost never charged. However, police are (in theory) held to a higher standard with the use of Giglio/Brady lists. These list only need to show that the officer is repeatedly unreliable, not actually lying. In practice, these might not be very effective because it's up to prosecutors to maintain these lists. They only have incentive to add officers if they lose too many cases for the prosecution.