Police Chief and Police Officer Untruthfulness

Chief’s Counsel: The Reality of Police Officer Untruthfulness

Adam C. Falco, Senior Assistant City Attorney and Police Legal Advisor, City of College Station, Texas
- See more at: http://www.policechiefmagazine.org/chiefs-counsel-the-reality-of-police-officer-untruthfulness/#sthash.j01tMuQb.dpuf

But what happens if a police officer has been untruthful before the trial? Does it matter if the officer’s untruthfulness is related to an internal department policy issue or to a criminal case? 


Could a sustained finding of officer untruthfulness, related or not to a criminal investigation, be the end of investigating criminal offenses and testifying in court—or even the end of a law enforcement career? Police officer untruthfulness places a huge burden on chiefs and prosecutors. Case law guiding law enforcement on discovery of exculpatory and impeachment evidence includes Brady v. Maryland and its progeny.1 This line of cases attempts to prevent a miscarriage of justice by requiring the police and prosecutors to make available what is often referred to as Brady or Giglio material requiring the disclosure of exculpatory or impeachment evidence to the accused.2 In Brady, the U.S. Supreme Court held, - See more at: http://www.policechiefmagazine.org/chiefs-counsel-the-reality-of-police-officer-untruthfulness/#sthash.j01tMuQb.dpuf