Perfect Case For Cops Falls Apart On Film
MJ was driving safely down the interstate, taking his friends home from their night out when FHP clocked him at 80 in a 70 at 1:30 a.m. When the Trooper smelled alcohol, he was removed from the car and put in the backseat of the patrol car and transported down the road to the Rest Area for “Stupid Human Tricks” which he was directed to perform. After being formally arrested he was taken to meet a mobile breath test operator and browbeaten into taking the breath test, which, after several machine aborts and radio interference, yielded a very high result, over twice the legal limit.
Fortunately, FHP had just recently installed video equipment in the patrol car and the officers didn’t seem to realize that video evidence can cut both ways. We obtained the video and, after a thorough review of it, found numerous acts of misconduct by law enforcement.
Thanks to the court’s ruling that MJ was illegally placed in custody and unlawfully forced to take a breath test, our motion to suppress all of the evidence was granted.
The State Attorney did not like this ruling and appealed it to a higher court. We responded and the court’s order dismissing the case was upheld on appeal.