Appeals Court Upholds Convictions Despite Contradictory Police Testimony
A divided appeals court in Colorado has upheld a man's convictions for unlawful possession of a firearm, despite acknowledging that the contradictory police testimony was "troubling and unfair".
Matthew Torres had attempted to exclude evidence of a handgun found in his waistband, arguing that police had stopped and frisked him in violation of the Fourth Amendment's prohibition on unreasonable searches and seizures.
A trial judge had previously disagreed, finding that police had reasonable suspicion to stop Torres based on the pretrial testimony of one officer who claimed to have seen a gun on Torres before he was seized.
However, at trial, the same officer testified to a different sequence of events, which the appeals court majority acknowledged was potentially unfair.
The majority acknowledged that the contradictory testimony was "troubling and unfair".
Despite this, the court upheld Torres' convictions, citing the trial judge's ruling that police had reasonable suspicion to stop him.
Author's summary: Court upholds convictions despite unfair police testimony.
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