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Police Lie Under Oath; Their Testimony Shouldn’t Be Trusted More Than Any Other Witness

By Michelle Alexander

Thousands of people plead guilty to crimes every year in the United States because they know that the odds of a jury’s believing their word over a police officer’s are slim to none. As a juror, whom are you likely to believe: the alleged criminal in an orange jumpsuit or two well-groomed police officers in uniforms who just swore to God they’re telling the truth, the whole truth and nothing but? As one of my colleagues recently put it, “Everyone knows you have to be crazy to accuse the police of lying.”

But are police officers necessarily more trustworthy than alleged criminals? I think not. Not just because the police have a special inclination toward confabulation, but because, disturbingly, they have an incentive to lie. In this era of mass incarceration, the police shouldn’t be trusted any more than any other witness, perhaps less so.

That may sound harsh, but numerous law enforcement officials have put the matter more bluntly. Peter Keane, a former San Francisco Police commissioner, wrote an article in The San Francisco Chronicle decrying a police culture that treats lying as the norm: “Police officer perjury in court to justify illegal dope searches is commonplace. One of the dirty little not-so-secret secrets of the criminal justice system is undercover narcotics officers intentionally lying under oath. It is a perversion of the American justice system that strikes directly at the rule of law. Yet it is the routine way of doing business in courtrooms everywhere in America.”

Mr. Keane, in his Chronicle article, offered two major reasons the police lie so much. First, because they can. Police officers “know that in a swearing match between a drug defendant and a police officer, the judge always rules in favor of the officer.” At worst, the case will be dismissed, but the officer is free to continue business as usual. Second, criminal defendants are typically poor and uneducated, often belong to a racial minority, and often have a criminal record. “Police know that no one cares about these people,” Mr. Keane explained.

All true, but there is more to the story than that.

Police departments have been rewarded in recent years for the sheer numbers of stops, searches and arrests. In the war on drugs, federal grant programs like the Edward Byrne Memorial Justice Assistance Grant Program have encouraged state and local law enforcement agencies to boost drug arrests in order to compete for millions of dollars in funding. Agencies receive cash rewards for arresting high numbers of people for drug offenses, no matter how minor the offenses or how weak the evidence. Law enforcement has increasingly become a numbers game. And as it has, police officers’ tendency to regard procedural rules as optional and to lie and distort the facts has grown as well. Numerous scandals involving police officers lying or planting drugs — in Tulia, Tex. and Oakland, Calif., for example — have been linked to federally funded drug task forces eager to keep the cash rolling in.

Exposing police lying is difficult largely because it is rare for the police to admit their own lies or to acknowledge the lies of other officers. This reluctance derives partly from the code of silence that governs police practice and from the ways in which the system of mass incarceration is structured to reward dishonesty. But it’s also because police officers are human.

Research shows that ordinary human beings lie a lot — multiple times a day — even when there’s no clear benefit to lying. Generally, humans lie about relatively minor things like “I lost your phone number; that’s why I didn’t call” or “No, really, you don’t look fat.” But humans can also be persuaded to lie about far more important matters, especially if the lie will enhance or protect their reputation or standing in a group.

The natural tendency to lie makes quota systems and financial incentives that reward the police for the sheer numbers of people stopped, frisked or arrested especially dangerous. One lie can destroy a life, resulting in the loss of employment, a prison term and relegation to permanent second-class status. The fact that our legal system has become so tolerant of police lying indicates how corrupted our criminal justice system has become by declarations of war, “get tough” mantras, and a seemingly insatiable appetite for locking up and locking out the poorest and darkest among us.

Why cops lie:
http://www.sfgate.com/opinion/openforum/article/Why-cops-lie-2388737.php

The Worst Kept Secret Cops Lie:
http://blog.simplejustice.us/2009/12/02/the-worst-kept-secret-cops-lie.aspx

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43 Responses to “Police Lie Under Oath; Their Testimony Shouldn’t Be Trusted More Than Any Other Witness”

  1. Chris says:

    NO Common Sense, you were not the first to post a comment on this story? Your slacking man…

  2. YourTaxDollarsAtWork says:

    I’ve only ever been to court for traffic violations; won a couple and lost a couple. But …… EVERY SINGLE TIME the cop lied through his teeth. I had to actually prove the cop was lieing to win my case as opposed to the way it is supposed to be, innocent until proven guilty.

  3. Glenn says:

    Actually, since police are given classes on how to lie, and are encouraged to do so both in and out of court, no police officer should be able to offer sworn testimony.

    ***POLICE OFFICER RAPES A THREE MONTH OLD INFANT AND A ONE YEAR OLD CHILD!***

    When you see common sense, t., underoath, psosgt and all the other shills spew their boot-licking propaganda here on Cop Block, remember, THIS IS WHO THEY ARE, THIS IS WHAT THEY STAND FOR, AND THIS IS WHAT THEY DEFEND!

    Wichita KS police officer Officer Joseph T. McGill, 28, was convicted today of committing a sexual act on a 3-month-old child and a 1-year-old child. Officer McGill pleaded guilty in January 2012 in an unrelated case to sexual battery while on duty as a police officer and was sentenced to three years probation. Those charges stemmed from separate incidents in November 2010 and February 2011. The judge set sentencing for March 1.

    http://www.kansas.com/2013/01/24/2649372/former-police-officer-convicted.html

  4. Chris Mallory says:

    All cops lie, all the time.

    I would count a government employee’s testimony as less likely to be credible when compared to a citizen’s.

  5. YankeeFan says:

    An opinion from the NYTimes. Here is the full article:
    http://www.nytimes.com/2013/02/03/opinion/sunday/why-police-officers-lie-under-oath.html?pagewanted=1&_r=5&pagewanted=all&

    Some excerpts from this link:

    Peter Keane, a former San Francisco Police commissioner, wrote an article in The San Francisco Chronicle decrying a police culture that treats lying as the norm: “Police officer perjury in court to justify illegal dope searches is commonplace. One of the dirty little not-so-secret secrets of the criminal justice system is undercover narcotics officers intentionally lying under oath. It is a perversion of the American justice system that strikes directly at the rule of law. Yet it is the routine way of doing business in courtrooms everywhere in America.”

    and

    The New York City Police Department is not exempt from this critique. In 2011, hundreds of drug cases were dismissed after several police officers were accused of mishandling evidence. That year, Justice Gustin L. Reichbach of the State Supreme Court in Brooklyn condemned a widespread culture of lying and corruption in the department’s drug enforcement units. “I thought I was not naïve,” he said when announcing a guilty verdict involving a police detective who had planted crack cocaine on a pair of suspects. “But even this court was shocked, not only by the seeming pervasive scope of misconduct but even more distressingly by the seeming casualness by which such conduct is employed.”

    and

    In September it was reported that the Bronx district attorney’s office was so alarmed by police lying that it decided to stop prosecuting people who were stopped and arrested for trespassing at public housing projects, unless prosecutors first interviewed the arresting officer to ensure the arrest was actually warranted. Jeannette Rucker, the chief of arraignments for the Bronx district attorney, explained in a letter that it had become apparent that the police were arresting people even when there was convincing evidence that they were innocent. To justify the arrests, Ms. Rucker claimed, police officers provided false written statements, and in depositions, the arresting officers gave false testimony.

    and

    In 2010, a New York City police officer named Adil Polanco told a local ABC News reporter that “our primary job is not to help anybody, our primary job is not to assist anybody, our primary job is to get those numbers and come back with them.” He continued: “At the end of the night you have to come back with something. You have to write somebody, you have to arrest somebody, even if the crime is not committed, the number’s there. So our choice is to come up with the number.”

    All this reminds me of what Tennessee Pigs always said about police integrity. He stated in posts here that he knew a judge that would not let a police officers testimony stand alone in his court unless he had corroborating testimony or seperate eyewitness accounting of what the officer would testify to. He also stated that at a lunch with a judge that he would also say bullshit anytime a police officer would start a sentence with…”In my training, experience and expertise”

  6. t. says:

    What is it this cops are lying about? For the most part, all we do is context the dots…pull together what other witnesses have said. Traffic court may be something different. But even most misdemeankrs…unless they were committed in are presence…have other witnesses. I worked dope for years. The only part that was ever “iffy” in any of those cases was the very start, meaning where I got the information to start looking at you. If that part passed muster in court, the rest was an easy slam dunk. There always a thick case file, audio / video of buys….
    I’ve also worked other serious felony cases to include homicides. Those are video taped…lots of scrutiny. I suppose I can imagine there are places along the line where a shortcut might happen and then a lie might be required to cover. But other than that, where are the guys lying?

  7. steve says:

    easy to slam dunk a lie to screw a person out of life and liberty. all cops are liars. fuck you nick pope .

  8. t. says:

    Steve: I think I smell pepper spray.

  9. badgeabuse says:

    T….I think I smell I dirty LEO

    Ur cop credit rating is SHOT..

  10. Common Sense says:

    ..if only the police were as honest as the average citizen, then utopia would finally arrive.

    Cop – “Why you got a pills and weed in your pockets?”
    Subject – “These aren’t my pants, they my cousin’s.”
    Cop – “What’s his name?”
    Subject – “I don’t remember…”
    Cop – “Watch your head getting into the cruiser, and yeah, its a felony so you won’t get a bond.”

    I like it when they lie about their name, but can’t spell it. Or their SS# or their DOB but don’t know how old they are.

  11. certain says:

    Hey t, saying cops don’t lie just proves you’re a mall-cop, homer.

  12. courtofpublicopinion says:

    do you know how to tell when a leo is lying? their mouth is moving!

  13. slappy says:

    Another activist rant without real hard facts to back up what they say. Why don’t you try and submit this ridiculous story to the real media. That was it can be ripped to pieces because there are no real facts just idiotic ramblings.

  14. Common Sense says:

    “Activits’ lie all the time”

  15. shawn says:

    @t

    Seriously, you can’t be that blind. cops will lie to justify a traffic stop. I’ve been there. Cops will lie about smelling drugs to get a warrant or do an illegal search. Happened in Florida. And cops have lied to cover a bad killing.

  16. BluEyeDevil says:

    COMMMMMONNNNNN,
    LOL, WHAT THE FUCK IS AN “ACTIVITS”, LOL…….

  17. shawn says:

    @t

    Oh, and don’t forget trick ponies. Those are a very premeditated cop lie.

  18. shawn says:

    @sloppy

    Most of that is from a police commissioner. I suppose everyone else is a list except blue boys?
    Don’t forget about the NYC Narcs. Honest cops right there. /sarcasm

  19. BluEyeDevil says:

    EVERYONE, LOL, EVEN COPS KNOW THAT COPS ARE LIARS, LOL……..OH MAN I WAS JUST BELLY LAUGHING AND DAMN NEAR FELL OUT OF MY CHAIR. WHEW……..
    HERE IS THE SOLUTION. HUMAN NATURE DICTATES THAT WE ALL LIE TO SAVE OUR ASSES. I DON’T THINK ANYONE WOULD DISAGREE. SO, HAVING SAID THAT, HOW ABOUT THE ONLY EVIDENCE ALLOWED IN COURT SHOULD BE VIDEO EVIDENCE. IT DOES NOT LIE. FOR INSTANCE, VIDEO CONFESSION, DASH CAM, CCTV, CELL PHONE, BUSINESS VIDEO FEEDS, LOL SAT VIDEO, ETC. ETC. ETC.
    O.K. ALL OTHER INVESTIGATIVE TOOLS ARE GOOD TOO, DNA, FINGERPRINTS, ALL THAT CSI SHIT IS GOOD TOO.
    Eye witness is almost always inaccurate, yes even the cops. How many times an innocent man get sent to jail on bad eye witnesses. Can’t even count how many.

  20. BluEyeDevil says:

    TRUE SHAWN VERY TRUE

  21. rick says:

    All people lie.
    However, the extreme injustice that can result from police lies is a frightening thing.
    Lying is a slippery slope and those little lies constantly fed to the public can and do snowball into big lies. When found out, the public trust in law enforcement is eroded a little more.

  22. Common Sense says:

    I agree, any complaint of police misconduct, unless its on video, never happened.

  23. BluEyeDevil says:

    COMMON,
    I AGREE TO THAT IS WHY ALL POLICE SHOULD HAVE PERSONAL VIDEO CAMERAS ON AT ALL TIME DURING THEIR SHIFT, DON’T YOU AGREE? IF THEY DON’T THEN WE SHOULD BE ABLE TO BULLET THROUGH YOUR HEAD, LOL, NO VIDEO NO EVIDENCE. AMBUSHES WORK AWESOME AT SHOOTING COPS IN THE FACE, LOL…….

  24. Glenn says:

    ***POLICE OFFICER RAPES A THREE MONTH OLD INFANT AND A ONE YEAR OLD CHILD!***

    When you see common sense, t., underoath, psosgt and all the other shills spew their boot-licking propaganda here on Cop Block, remember, THIS IS WHO THEY ARE, THIS IS WHAT THEY STAND FOR, AND THIS IS WHAT THEY DEFEND!

    Wichita KS police officer Officer Joseph T. McGill, 28, was convicted today of committing a sexual act on a 3-month-old child and a 1-year-old child. Officer McGill pleaded guilty in January 2012 in an unrelated case to sexual battery while on duty as a police officer and was sentenced to three years probation. Those charges stemmed from separate incidents in November 2010 and February 2011. The judge set sentencing for March 1.

    http://www.kansas.com/2013/01/24/2649372/former-police-officer-convicted.html

  25. Glenn says:

    Convicted child molester gets life sentence — James Scharfschwerdt is former Vero Beach cop accused of molesting several boys

    http://staugustine.com/news/local-news/2013-02-05/convicted-child-molester-gets-life-sentence#.URRIL_IwjTq

  26. zapeee says:

    t if someone lies to you and you believe him, and connect the dots and are wrong…. what have you accomplished? it seems to me you cops believe there are no coincidences and its always the simplest and easiest explanation.

    let’s see you use that logic explaining your taxes at an audit!

    not for nothing, you are playing with people’s lives and have some severe ethical challenges… ever try therapy?

  27. 1605 says:

    Activists don’t kill people.

  28. t. says:

    Zap: The dots still have to connect. If there is clear evidence that something occurred, AND I’ve got someone telling what they saw (heard, smelled, tasted, felt) and that matches the available evidence… Most things are exactly what they look like, the simplest explanation is almost always spot on. The fancy conspriacices are usually very easy to detect / see through.
    Its another reason why I say not talking to the police is a really dumb idea.

  29. steve says:

    just to let you know ” t ” . i have smelled the spray before along with tear gas and c.s. gas. but that was in training. i have used all three
    gasses and loved it. very large dispursements work well.not theb piddly crap the police carry, i lick that shit up like its coolaide. i trained in use of tne tazer and zappers and have felt the effective use while in training. but i am not a pig. i have used the tazer in a business like manner, it can be effective. in fact i have a license to carry a gun concealed, along with a tazer or zapper,a slapstick or baton, a knife and all three gasses in up to a 16oz can in aerosol form and i am not a pig. i will be damned if anyone fucks with me in an unprofessional or criminal manner , anyone.
    i am not a cop or a militia or psycho and have never harmed a sole that didnt try to harm me .i dont use this equipment to intimidate inocent law abiding people of america ,because i am not a pig, or a cop or a leo. and i am licensed in more states than a law enforcement officer is. figure that out piggies . and to the subject all cops lie and are violent. i grew up in los angeles were kids learned very quick that cops are violent and they lie. all cops lie to get convictions, all of you out there that read copblock and are leo’s ya caint lye tu yerselves.

  30. t. says:

    Steve: OK. You da man.

  31. Common Sense says:

    Aww poor devil, more L shaped ambiushes? Jose Guerena, a former marine, armed within AR didn’t even get his weapon off safe til the cops turned him into a human stainer.

    You want to go toe to toe with the cops, have at it. They’ll be a bounty in your head, shoot a cop and your life’s worth a case of beer. You’ll get a quiet funeral and officer double tap will get a medal and a promotion.

  32. YankeeFan says:

    Ihahd to go and acquaint myself with the Jose Guerena shooting and it looks like another man shot dead by police who mistook their own weaponsm fire for weapons fire in the home that did not happen.

    an excerpt from the wiki page on this:

    Asleep after returning from a 12-hour overnight shift at the ASARCO Mission mine, Guerena was awakened about 9:30 AM by his wife who heard noises outside their house, later identified as flash/bang grenades deployed by police in the back yard as a diversion.[2] He instructed his wife and 4-year-old son to hide inside a closet while he grabbed his AR-15 rifle and crouched down preparing to defend himself from whomever was breaking into his home. The Sheriff’s Department initially claimed that Guerena had fired on officers; at least three of the SWAT members including the team commander reported in their post-operation debriefings that they had observed muzzle flashes aimed at them from inside the house.[3] After an examination of the rifle Guerena allegedly pointed at the officers, however, it was determined that the rifle had not been fired – the safety was still engaged. Other officers claimed they saw splinters from the doorjamb being hit by bullets; the shots that caused this were determined to come from other members of the SWAT team themselves.[4] “There were five officers at the door beginning to make entry into this home, when they engaged this individual that they believed was actually firing at them.”[5] Other versions of this story claim that officers started shooting after Guerena pointed the gun at them, though under questioning they were initially unsure whether he had actually moved to target them.[3] At this point the five person team fired at least 71 rounds at Guerena in less than seven seconds, who died after being hit 22 times.[6][

    and anotherr:

    Officers did not find any evidence related to drug trafficking at Guerena's residence. Police did report that one AR-15, one .38 handgun, body armor, and a US Border Patrol cap were confiscated, though none of these items are illegal to own.

    and yet another:

    An official autopsy report was released on 6 June. It confirmed that Guerena had been shot 22 times, including one grazing shot to the head. No drugs were found in his system.

    Yup, another well done job by the police. To put it lay terms. A man under the impression he was being invaded, grabbed his legally owned weapon took a defensive position and when the well trained, competent cops thought they were being shot at by Jose (they weren't) they fired 71 times killing a man. There was some story that in 2011 the police in germany, that doesn' have police brutality laws per say, atleast not when I was there, fired 89 bullets in all of 2011. I may be wrong on the numbers but it was something like that if true.

    Yup, american law enforcement's war on drugs. Fantastic! But the ends justifies the means to the average Leo so it's all good!

  33. YankeeFan says:

    From a Salem-news article an excerpt:

    But then it was discovered that this Marine veteran actually didn’t fire; he never took his weapon off safety, probably because he realized they were police. Marines are the best riflemen in the world and their mistake ratio in combat is lower than other military combatants in the world.

    The sentence about what he thought is speculation but if the last part is true it explains why he did not fire but with american police being afraid of their own shadows it explains why they thought their own gun fire was Jose shooting at them.

    American law enforcement, Fantastic!!

  34. BluEyeDevil says:

    LOL, COMMON,
    HES STILL A DEAD COP. I DON’T CARE IF I DIE, LOL, NEITHER DOES DUDE IN LA FUCKING THOSE COPS UP. HES MY HERO.
    HEY DID YOU GET MY MESSAGE ABOUT YOUR MOM?

  35. Lakewood_in_Afghanistan says:

    Jose Guerena was not trying to kill anyone, and as a result was murdered by the Pima County SWAT Team. The newest resister, Navy Intel Officer and former LAPD officer, might prove harder to shoot down than a young marine in his boxers…

  36. steve says:

    thanks t but remember i am not a cop. i aint da man.

  37. steve says:

    common sense sounds as if he is daring someone to shoot a leo. that is fucking stupid. they have enough trouble mentally why add more common sense. cops that havent been in combat are the worse because they have a need after all that traing to see what its like to pull that trigger and know they will never be held responsible. they think they are military because of their toys. how many of them would really last under combat conditions day after day, night after night,hour after hour, very few i know of one because he is a sheriff and a good man .truly one of a very few. he is in afghanistan.

  38. Stubby McGee says:

    Nonsense, Jose is the exact reason why people hate cops!

    Cops in vehicles, cops at his door and the video evidence completely CONTRADICTS thier story! But they all are doing a ‘good job’ Hmmm…

    8 cops blast away at a man in a HALLWAY from 15 feet and hit him 1 out of 4 times? Nice shooting! barely missing the wife and kid, punching holes through half a dozen other houses. “He fired First” they said, (but you just stated what everyone else knows, and prove they lied!) BUT, he never took his rifle off safe! If that hallway had a bend in it, those cops would be Hamburger!! But thank God Jose had the intelligence to Not shoot blindly in fear!

    These kind of adrenalin junky dipshits should be Shot… Hmmm… MAYBE thats why Dorner is getting such a huge ammount of support across the country?? What the hell, it was only a cops kid, right? no more than that dog you shot at the last screwed up breakin, Right??

    Its pieces of shit like yourself that give the 3 good cops in LA a bad name… I DO hope you get to meet up with Dorner…

  39. Stubby McGee says:

    PS… Shoot a cop and a case of beer costs a Million Bucks?!?! SWEET!

  40. common sense=liar says:

    please tell me your real name and what city….
    common sense and under oath

  41. John says:

    Cops lie, admit to lying, and then the state steps in and tells you that if you don’t accept a plea bargain you WILL go to prison!
    And if you have to use a public defender your totally screwed.
    After all the public defender works for the state(NOT YOU)and how many people who are making a six digit income(with full benefits) is going to turn against their boss?

  42. victom says:

    Texas state police trooper Stone badge 10363 is a prime example of corruption. she will write a ticked and lie like the dog she is.

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