How do I disqualify a witness (police officer) so he cannot testify?

[MarcosSantiago]

How do I disqualify a witness (police officer) so he cannot testify (before the trial)?

Helping my friend to review his disclosure, I realized that the officer clearly wrote in his notes his location as a place where he could not possibly observe the incident with his own eyes. If, based on his position and by his own admission, he could not possibly witness the alleged offense, why should he be allowed to present "evidence" at trial in the first place?

Is there any way to file a motion so the officer is not allowed to testify, based on the contents of his own notes?

 

[OpenGambit]

you don't, you just argue that his evidence is unreliable and should be given no weight.

 

[GreyGhost]

you don't, you just argue that his evidence is unreliable and should be given no weight.

+1

I have seen this strategy work before. Trip up the cop enough in front of the JP and victory will be yours. It will be even easier if you take pictures from where the cop said he was towards the alleged infraction site (printing as 8x10's only costs a few bucks and makes everyones life easier). Bonus points if you put your friend in their vehicle wearing hi-vis clothing. If the alleged offender, in the alleged vehicle is not visible even when wearing extra visible clothing it should be an easy W. Pay attention to foliage/signs/other things that may have changed between the alleged infraction and your photo mission.

Your pre-disqualification thing isn't as simple as you might think. You could present what is in your view a reasonable and valid argument on why the cop couldn't see, but who would decide if your argument was reasonable and valid? That's for a JP to decide and should be done in the court room.

 

[Rob MacLennan]

Agreed; you discredit his testimony when questioning him. One way would be to take a dated and time-stamped picture from the location he stated he was viewing the incident from, showing that the accused couldn't be seen from that location. Better still two pictures; one from the stated location and one that is far enough back to show both locations, if possible.

 

[toysareforboys]

Agreed; you discredit his testimony when questioning him. One way would be to take a dated and time-stamped picture from the location he stated he was viewing the incident from, showing that the accused couldn't be seen from that location. Better still two pictures; one from the stated location and one that is far enough back to show both locations, if possible.

^^ this. I bolded one part just to reiterate, your photos must be date time stamped or they won't let you use them

-Jamie M.

 

[Mr.Azim]

Unless he wrote in exact GPS coordinates, I have seen people use "here's MY photo of where the officer was according to his notes" and it being discredited or torn to shreds by the prosecutor. His notes only have to mention the general area he was stationed in, not exact footprints.

They won't care if the pictures were taken weeks and weeks later... because the conditions of time, weather, grass growth could have been different from the incident to a month after. As close to the date as possible, but don't bet your entire case on it.

Did the notes say "I was standing in a place where I couldn't possibly see this act being committed... and only assumed it was him when I appeared out of the bushes"? Likely not.

What is "the incident", anyway?

 

[Rob MacLennan]

Unless he wrote in exact GPS coordinates, I have seen people use "here's MY photo of where the officer was according to his notes" and it being discredited or torn to shreds by the prosecutor. His notes only have to mention the general area he was stationed in, not exact footprints.

They won't care if the pictures were taken weeks and weeks later... because the conditions of time, weather, grass growth could have been different from the incident to a month after. As close to the date as possible, but don't bet your entire case on it.

Did the notes say "I was standing in a place where I couldn't possibly see this act being committed... and only assumed it was him when I appeared out of the bushes"? Likely not.

What is "the incident", anyway?

There are times when an officer states something like he was on the southwest corner of such and such, as his location, when there's a 10 foot stone wall completely obstructing view from that *general* location. It can be exculpatory.

 

[MarcosSantiago]

What is "the incident", anyway?

The incident is a ticket, and I posted another question here before, it was about the ramps on the 404

http://www.gtamotorcycle.com/vbforu...-404-(southbound)-and-its-ramps-and-off-ramps

It is to help a friend. I am trying to explore the possibility that the ramp is (technically speaking) not part of the 404, or at least there is a legal difference between the two
I will post more details a bit later (maybe after the court date)

Obviously, the officer didn't record coordinates in his notes, but his location is a big issue, I'll keep thinking about this one, and the best way to use it...