Legal Question in Criminal Law in Florida

Could a valid argument be made that a officer was mistaken when he thought he saw a possible drug transaction taking place,Which lead to a search and arrest; if he has the streets of the location mixed up. I believe that this maybe important because the officer in sworn deposition and police report states he could see possible transaction in a alley taking place{which is't an alley on that street} but then contradicts self by mentioning a extact business parkinglot with not connection to an alleyway. If you were to recreate the seen it would be impossible for officer to see anything from his standpoint, let alone missing alley and wrong street numbers. In short does the exact location even matter in the eyes of the law even if officer is 100% wrong in street addresses, business locations and landmarks. If these things are not true how can the events be taken as true. Thankyou!


Asked on 6/26/10, 4:36 pm

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

This is where good lawyering and cross examination is crucial. The judge or jury will accept these facts as true, even though they may not be, if the officer is not properly cross examined. I assume that the fact that a deposition was done means you have an attorney, so you should talk to them. If not, GO GET ONE.

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Answered on 6/27/10, 5:20 pm


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