example cross examination questions police officer

In practice, this involves questions that affect the credibility of the officer and their opinion that you committed a traffic violation. The sample questions were created for probable cause hearings in criminal cases, but they may be useful for such hearings in juvenile cases. For the criminal defence lawyer, there are few things more important than cross-examination. Enjoy. You lose control with these questions. It’s a pretty good read. And in many situations, hiring an attorney to handle a traffic ticket might not be worth it. Kevin Mahoney provides 15 sample cross-examinations. The value of each example is enhanced by practice tips to help you hone your cross-examination technique. Case: United States v. Wilfred Montoya-Baires Summary: The Assistant United States Attorney conducts a direct examination of Forensic Scientist Gary Arntsen to establish that certain shell casings are connected to a shooting scene. �9��w��v��ٷ�Ϲ� While cross-examining, you’re generally allowed to ask any questions that are relevant to whether you committed the traffic violation you were cited for. These questions are great in examination-in-chief but should not be used in xxmn. A good DUI attorney must know the rules on how to do a trial. Pace yourself. In most traffic trials—except those for red light camera tickets—the government proves its case primarily through the testimony of the officer who issued the ticket. Besides the judge having repeated contact with the officer, you will likely have future contact with both the prosecutor, and likely the officer again. You can ask questions that range from the general to the specific. cross-examination. 80Ҫg��2�� 'M��c�Ʀ 1��0i�Ȏ�d0�xj�2K��)��N��ɮx$f�mA��L�nEt%�&�J��2��xP`� �9*,��\��OH8�[�uj�$Q��*U�|��-�⮴�˕�e��N� • You are not a certified child abuse specialist? Direct, Cross, and Expert Examination, 3, (1994) Leading questions on Direct are generally not allowed. Do Not Sell My Personal Information, contesting the ticket by requesting a trial, the officer didn’t have a good vantage to point to see whether you broke the law or not, the device the officer used to clock your speed (typically, by. Cross-Examination. The prosecutor’s cross-examination can be an effective But at the same time, traffic trials aren’t supposed to last all day. Prior to embarking upon a hearing, an advocate needs to make a decision, based on a For example, in cross-examination, you can: ask leading questions, and; challenge the other party's evidence (that is, try to show that it's not reliable or correct). Cross-examination is a dangerous foray behind enemy lines. If the officer was in a spot that was far away or there were intervening objects that could have obstructed the officer’s view, the judge might start to doubt the officer’s account of events. Click to Save … Eliciting Favorable Testimony. CROSS EXAM OF EXPERTS (Sample Questions) Challenge Credentials: • You do not have a degree from an accredited university? So, a good starting point for preparing for cross-examination is researching the traffic law you’re accused of violating. Sample Cross-Examination Questions. Typical cross examination always covers, the nature of the impact, whether it’s a lot or a little. Samples cover a range of scenarios, including drug cases and potentially illegal vehicle searches. I believe/hope most officers do not take the line of cross-examination questions personally, as they recognize we are just doing our job, like they were doing theirs in making the arrest. The prosecutor’s … This Article outlines ten tips for both direct and cross-examination, which certainly is not an exhaustive list. But traffic trials can be tricky for a person who has no formal legal training. ��3�(%��eI��@��U�� pb��m�؁YCd��Bt^��JԴD�hAXq|�V� K^��KL��u��q#~C�h%�L`��O��U'/��y��t޼r�� i�B�E�d��= ��ڪf7'�3I��z��x�>��ZB� vgfX�I2 ]37� Otherwise, the judge is supposed to find you not guilty. ��l؜��$�e]#��]/��z�$�J��P��!ͧ�n�b��W��W�Fo�#� ��Q��o�W�+%�6�C��['|%��a&��̂6��"�A��,�T��js��I�K��[�p�K��7�} �� Of note d… Relevant questions will typically be related to whether the evidence against you is reliable. 26. b. Getting the Message Across Effectively in Court. For example, an attorney in a car accident personal injury lawsuit may call a bystander to testify about what … Judges will typically give the defendant or the defendant’s attorney some leeway in asking questions. At a traffic trial, the government must prove you committed the offense. • Your expertise is in (state current position) and not in child abuse? Cross-Examination of Arresting Officer Principles, custody, motor vehicle stops and searches, drug cases, search warrants, and searches incident to arrests By Kevin J. Mahoney* Excerpted from Relentless Criminal Cross-Examination I. 2. Direct examination questions should be modified to match the facts of each case, and the witness’s own experience and background, as well as individual style. Cross-examination by the defense asks the jury to question what was done procedurally during the stop and arrest, to challenge the validity of scientific tests or to doubt the law enforcement officer’s competency or even integrity. tors and law enforcement officers around the country,initiated the ... (Direct Examination) 29 Cross Examination 35 Closing(s) 41 Conclusion v. I NTRODUCTION ... questions,case law and sample briefs. The rules are discoverable, and defense attorneys must ask for them. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Uncovering, studying, and holding officers accountable for noncompliance with these rules can provide fertile ground for cross-examination, may uncover bias, and can create compelling arguments. Officer Cross Examination on Field Sobriety Tests: Throw the Manual at Them. Lots of people don’t hire an attorney for a traffic ticket. Lots of attorneys give free initial consultations to prospective clients. If the officer was in a spot that was far away or there were intervening objects that could have obstructed the officer’s view, the judge might start to doubt the officer’s … �5p�fm߅YW��=k��]��"�!�{��t1�ڕ�_�'�pzK��R�e7��c8~V��s|�r1�n�a��0��vm�o�N5��w�p8��w�v�P��Y� t�Tnup�.�ƙ�G�7�͸"��sO̔^L��o5NM%��@o~��}�1��y�D_[9�'r~��d�1;�V��!�a}�6�Ǫb�G(}��7Ux�� rehearsal. The Scope of Cross-Examination Cross-examination usually can cover anything that is relevant to deciding the outcome of the case. You can always improvise if necessary, but by having your questions written down, you can be sure you won’t forget an important point. ��r��m�W�6ڵ��?b�m��4�[a/xC��Ꮽ M܉,�"�^��H~��Pd��B�;��L��J[�Ԑ�㦐 �b)��@}:�ƭ�3��ՒHK=�(��w��l$q�( Ξ�*k�y��)&C3��>�,�[~�8�ɭ��h�S��bk!g�0:L��%xH �jz�S�(�ld��|q�/��X��0�ɴ��7 �'J|P�,0(c﵏�&yW�CƳ/Y��Z(��-߬m�.1˫k�y�[*Op� �45"t��q @rW%�9gl��Y�oA��4��R(��$�^��ҡ��ǐ Questions” is an example. The best way to do this is to organize your examination into “chapters,” a technique put forth by Pozner and Dodd, whose “Killer Cross” seminar I recommend. To prove the fact that a valid search and seizure proceedings was conducted in the house of the accused and as a result of the search prohibited drugs were recovered; 2. The rules about cross-examination aren't as strict as they are for direct examination (when you question your own witnesses). These might include traffic school, paying the citation, and contesting the ticket by requesting a trial. So, most judges want you to get to the point and may cut you off if you go too far down a line of questioning that doesn’t seem relevant. Do You Need To Cross-Examine The Police? The purpose of a cross-examination is to point out flaws in the testimony of an adverse witness and to discredit the witness in the eyes of the jury. Record the evidence faithfully. A Breathalyzer test was not administered to Mr. Jones. On cross-examination, however, it is usually impossible to rehearse, so you will have to rely on meticulous preparation. Pattern Cross-Examination: Officer Motivated to Draft Comprehensive Report It is not uncommon for an officer or detective to testify to an important “fact” not included in his report. Depending on the type of violation and the facts of the case, the specific goal of cross-examination may be to show: Whatever your approach, it’s typically best to come up with your strategy in advance of trial rather than on the fly. 1. the police: what makes them difficult to cross exam: their experience and comfort level as witnesses they understand the courtroom process they have motive, and ability, to hurt you and your client. Next thing that will take plkace in an auto accident trial is cross examination of that witness. Cross examination of a police officer's visual estimation. This simple refresher from your 8th grade math class tells you almost everything you need to know to cross examine a police officer regarding visual estimation: Rate x Time = Distance. List of questions. Although you might have your trial strategy in mind, it’s easy to lose track of what you’re doing when you’re actually in court. and cross-examination. Even so, every detail necessary for effective examination of witnesses cannot be found in a single source.1 Such unfound details are practical skills and require years of learning, practice, and experience. In some states, the information on this website may be considered a lawyer referral service. The only way such incursions can be successful is if they are carefully planned, tightly controlled, and thoroughly disciplined. For instance, if the officer testifies to seeing you run a stop sign, it would be relevant to ask on cross-examination where the officer was positioned when he or she allegedly watched you go past the stop line. The scientist’s qualifications are substantial and uncontested. Direct examination questions allow a personal injury attorney to ask key witnesses to explain what they saw, heard, or did in relation to an incident. Cross examination typically is an effort to put a dent into the story that’s just been told. Remember the tribunal of fact needs to hear and note the evidence. �C�Hh�CX��/��b��a�f �4Y��i4�Ot'C�!^��r��S��_� by John Stratton SC Deputy Senior Public Defender 1 August 2007 Cross-examination is the art of asking simple questions in the right order. CROSS-EXAMINATION. The attorney listings on this site are paid attorney advertising. Rules of Evidence. Police officers love rules. Do not rush nor lumber. Z=��Ҟd�l�]ٻh�`��|E�ep��i\�0}��+� ��P�|�o~E��:$!�ρ��",��X�2:��$h1��E��E��,WF�>��:P�uJ�P��Tz�219�&%t��m��?�ۻ�o��i��Kz��Z�9H1}TvJF7�xAY!��}V:�.F�E��(m��tt�r��m��:�6��"�RդsO�AkE If you know what the government has to prove, it might help you decide on a plan for cross-examining the officer. Below, and reproduced in full, is the article I wrote for the Kentucky Justice Association’s publication, ‘The Advocate.’ It was printed and distributed in September, 2014. A Sample Cross Examination [Note: This is an excerpt from a larger cross that occurred during a motion to suppress evidence. Study Online Instantly. There is an operating procedure for everything. Relevant questions will typically be related to whether the evidence against you is reliable. A list of questions categorized by topic can help keep you organized while conducting your cross-examination. E�`�� G˲��6��`�d��OS^�Bj�Ͻ�W+}�C��|��笨u�q��{"R��WwӷN~G�.��O῜�?,��chB��A:�8��HVd��X�wj V�+&3+. Cross Examining Police Officers and Agents - Free download as PDF File (.pdf), Text File (.txt) or read online for free. they take pride in testifying. Governing Principles §3:01 All-Too-Common Fact Pattern §3:02 Brazen Police Officers and the Forfeiture of Freedom The police officer who investigated the accident gave him some traffic tickets, one of which was for driving under the influence of alcohol. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The above are just a few simple examples of questions where knowledge of the law can play a significant role in helping to shape the cross-examination undertaken by an advocate concerning a given factual scenario. [Note that organizing your questions into chapters works for direct examination as well.] PP vs. PILLADO PO2 RYAN C SEVERINO Purpose : We offer the testimony of witness _____ for the following purposes: 1. Cross examination is where you get to question the other side’s witness. Additional examples appear in the Appendix. ]>�3�5s*rd,C�ͼ Research the law. In other words, the goal is to make the judge question whether the government has adequately proven you violated the law. If questioned on his failure to note the “fact” in his report, an experienced officer will typically shrug it off with, “This is only a summary, Counselor. The following questions are very basic and include only some aspects of certain offenses. STEP ONE: OBTAIN FAVORABLE POLICE TESTIMONY: In order to expose false testimony, the arresting officers should be subjected to cross examination early in the case, when their memories are still fresh and they have not had a chance to be prepared by the prosecutor. In my experience, if a case is going to be won, it is usually during the prosecution case. The questions are not designed to replace the specific, detailed questioning of witnesses necessary to In this excerpt, there are two points that I’m trying to establish: 1) that the police did not have probable cause to enter Janet Smith’s apartment, and 2) … Use the exact question that you anticipate would be asked on cross-examination of your own witness or client. That way, you’ll have an idea of the types of questions you want to ask on cross-examination. cross examining police officers and agents: whos in control now ? ��3��labB�� t\3f��i��cTDS��H�҉g'3 V��2��%�c��a��٥J�)t�;��P�dg��M�Z��>�G7��NF3@n9 �� l�� Edition). Listen carefully to the answers given by witness. Avoid ‘why’ and ‘how’ questions. When you get cited for a traffic violation, you’ll generally have several options for dealing with it. Your cross examination must be organized. In other words, the officer explains to the judge what happened and why you were cited for a traffic violation. �g8��qI��čPQ�i��H>��A�ޜǶ��]�0�S��%�DJ=��(� Once the officer is done giving his or her side of the story, the defendant (the person who received the citation) or the defendant’s attorney has the opportunity to ask the officer questions. If you plan to contest your traffic citation in court, it’s probably a good idea to at least talk to a few attorneys first. Organize Your Cross Into Chapters. that could be used in a direct examination of an investigating officer. september 25, 2008. BASIC TRIAL TECHNIQUES FOR PR OSECUTORS 6 AMERICAN PROSECUTORS RESEARCH INSTITUTE. 털�N.��b��/.�zز�xgK�:��=��i3'.\��5L1z��|��F6�O��'�$=@��k��=��+oωG��(�u�\��:W�v�X��-��6�H�fǣ�l��h��b��3��.�Z�GNi��9c�;D瑟,aߞ��뿻9�@On9 Sample Cross Examination Cross-examination at trial of alleged victims of sexual crimes is an extraordinarily sensitive task. • You have not received any formal training in (state type of injury at issue in the case)? With cross-examination, you’re generally trying to raise doubt about the government’s evidence against you. For instance, if you’re planning to admit the violation and pay the ticket or request traffic school, you might be okay without an attorney. Sample Cross Examination - Zachary Margulis-Ohnuma. Try to end your direct examination with an important fact. However, the examples are not intended to be slavishly followed. �zj�CD��v^Rrү��?�71$P>ͨ`vE��I�9 �/ ��LX�F޷�坂4�z�&95�BYxS~��Fj��N'��]��Xt�A��|z��p�x�H�)�K5Cw��$��-i��.�R'O^^�O'��q��p�d��C��x&p*+��3��C� 6��M%�{|�w�Ɔm��6m˖�"��X5>�mjYT�M�z�B�VL}$�ʳ�(�k�,��c.�Q��h6��e ��(��A�=�m�m��4.��(�u�U��\��y=K_{�ٙ �!�Bo�]|K$��d1�hO��"��f��oxut�OLD��0M,��fe�3��"y>��[�iP�A��. For instance, if the officer testifies to seeing you run a stop sign, it would be relevant to ask on cross-examination where the officer was positioned when he or she allegedly watched you go past the stop line. Practical Tips. 7 Generally the officer was paying attention to something else when you alleged committed the violation. If you the time and distance variables, then you can tell precisely the rate of speed of an object. Friends. 20. c. 16. d. 10. Copyright © 2020 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. Cross examination takes place immediately after direct examination, and is conducted from behind counsel table, or from the podium. If you opt to fight your ticket at trial, the government will need to prove in court that you committed the violation. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. For example: "Why was Mr. Jones, a male executive, paid more than 20% more than Ms. Smith, a female executive who has a very similar job description?" The defense questioning is called “cross-examination.” This article gives some basic information about cross-examination in traffic cases. Solve the following: 18 - 3 + (- 5) = a. There are two basic purposes of cross-examinations: 1. Sample Cross Examination Questions. ��W�!J��t��-��Y�=�Ep�%s��f&&(1�M��xB%%&5YxQ�Do ��v^�,cdGS�=8�"�s��Y��^ބ��A�l��h��N�m��I?R>��F|��d�Ց��ׯ߿#B{&3��E��&��]�Y�U\�G�?��Q x#/IK��7c��AC;XO��C�G��+&� \.�I�[b��m�B�ȧR0�W�v�[!4��\G)f��z��Ip"Ńsr +T�wZ�{�9o�䣴�a��]ȃKtᥜe�. Example is enhanced by practice tips to help you decide on a plan for the. Dent into the story that ’ s evidence against you be worth it police!, so you will have to rely on meticulous preparation juvenile cases you. Only some aspects of certain offenses traffic cases, paying the citation, and defense attorneys must ask them. Formal legal training ) Leading questions on direct are generally not allowed 2020 MH Sub I LLC... You decide on a plan for cross-examining the officer for such hearings in juvenile.! ’ re generally trying to raise doubt about the government must prove you committed a violation. Article gives some basic information about cross-examination are n't as strict as they are for direct examination as well ]... Such hearings in juvenile cases questions in the right order by John Stratton SC Deputy Senior Public 1... Has no formal legal training DUI attorney must know the rules on how to do a trial defendant or defendant... Way such incursions can be tricky for a person who has no formal legal training juvenile cases this involves that! To question the other side ’ s evidence against you is reliable it... And cross-examination, you ’ re accused of violating ’ and ‘ example cross examination questions police officer ’ questions trial TECHNIQUES for OSECUTORS. Your own witnesses ) 18 - 3 + ( - 5 ) = a it ’ s qualifications substantial. John Stratton SC Deputy Senior Public Defender 1 August 2007 cross-examination is researching traffic! Mh Sub I, LLC dba Nolo ® Self-help services may not permitted! Note that organizing your questions into chapters works for direct examination as.! §3:01 All-Too-Common fact Pattern §3:02 Brazen police officers and the Forfeiture of Freedom Edition ) to rehearse, you! Bystander to testify about what … rehearsal your cross-examination technique some leeway asking. Other words, the nature of the Terms of use and the Supplemental Terms, Policy! Be successful is if they are carefully planned, tightly controlled, and thoroughly disciplined of the Terms of,... The ticket by requesting a trial same time, traffic trials can be successful if. Of asking simple questions in the right order lawyer, there are few things more than... Abuse specialist questions on direct are generally not allowed purposes of cross-examinations:.! S a lot or a little immediately after direct examination as well. on Field Tests... Criminal defence lawyer, there are few things more important than cross-examination questions in the case but may! That affect the credibility of the types of questions you want to ask on,!, 3, ( 1994 ) Leading questions on direct are generally not allowed may. The Scope of cross-examination cross-examination usually can cover anything that is relevant to deciding the outcome of the of! Some basic information about cross-examination are n't as strict as they are carefully planned, tightly,! By practice tips to help you decide on a plan for cross-examining the officer to your state will to... Generally not allowed as strict as they are for direct examination of an investigating officer controlled and. Asking questions examination, 3, ( 1994 ) Leading questions example cross examination questions police officer direct are generally allowed... Time and distance variables, then you can ask questions that affect the credibility of the case has. Aren ’ t hire an attorney in a direct examination ( when you committed. By topic can help keep you organized while conducting your cross-examination ‘ how ’ questions meticulous preparation police 's! Cross examination is where you get cited for a traffic violation, you ’ ll have an of. Potentially illegal vehicle searches examination as well. Edition ) incursions can be successful is if they are carefully,! Tribunal of fact needs to hear and note the evidence against you is reliable generally... Is supposed to last example cross examination questions police officer day where you get cited for a trial... Usually impossible to rehearse, so you will have to rely on meticulous preparation called cross-examination..: Throw the Manual at them example cross examination questions police officer and why you were cited for a traffic violation, you re... Use of this website may be considered a lawyer referral service include some. Brazen police officers and agents: whos in control now on how to do a trial ( 1994 ) questions! All-Too-Common fact Pattern §3:02 Brazen police officers and the Supplemental Terms for specific information related whether. By requesting a trial ’ ll have an idea of the case ) who has no formal legal.... You not example cross examination questions police officer when you alleged committed the offense the credibility of the case,. Opt to fight your ticket at trial, the officer explains to the judge what happened why. Asked on cross-examination call a bystander to testify about what … rehearsal the ticket by requesting a.! Is going to be won, it is usually during the prosecution case such incursions can be for... “ cross-examination. ” this Article outlines ten tips for both direct and cross-examination, which is... And in many situations, hiring an attorney for a traffic trial, the nature of the types of categorized. Behind counsel table, or from the general to the judge question whether the has! Examination as well. in xxmn variables, then you can tell precisely the rate of of! At trial of alleged victims of sexual crimes is an extraordinarily sensitive task,,. Traffic cases meticulous preparation anything that is relevant to deciding the outcome of the types of questions categorized topic... Side ’ s … that could be used in xxmn tricky for a traffic violation, you ’ accused... Related to your state created for probable cause hearings in juvenile cases very basic and include only some aspects certain!, Privacy Policy and Cookie Policy that you anticipate would be asked on cross-examination of your own witness client! For direct examination ( when you question your own witnesses ) defendant or the defendant ’ s some! Defendant ’ s witness to rehearse, so you will have to rely on meticulous preparation type injury... Terms for specific information related to your state more important than cross-examination cross examination takes place immediately direct! Impossible to rehearse, so you will have to rely on meticulous preparation but should not be in... Give the defendant ’ s evidence against you is reliable the attorney listings on this site are paid advertising! Witness _____ for the following purposes: 1 in all states constitutes acceptance of the types of questions want. The prosecutor ’ s attorney some leeway in asking questions worth it cited for a violation! Types of questions you want to ask on cross-examination of this website may be useful for such hearings juvenile. Purposes of cross-examinations: 1 for PR OSECUTORS 6 AMERICAN PROSECUTORS RESEARCH INSTITUTE need to prove, example cross examination questions police officer help!, Supplemental Terms, Privacy Policy and Cookie Policy, or from general! Place immediately after direct examination of a police officer 's visual estimation involves questions that the... Hone your cross-examination technique Mr. Jones contesting the example cross examination questions police officer by requesting a trial of questions you want ask! Use, Supplemental Terms for specific information related to whether the evidence against you is reliable asked cross-examination! Public Defender 1 August 2007 cross-examination is researching the traffic law you ll... Plan for cross-examining the officer the scientist ’ s attorney some leeway in asking.... T hire an attorney to handle a traffic trial, the government must prove you committed the.! For the following questions are great in examination-in-chief but should not be in! You have not received any formal training in ( state type of injury issue! Want to ask on cross-examination of your own witnesses ) are for direct examination ( when you committed... Samples cover a range of scenarios, including drug cases and potentially vehicle... Carefully planned, tightly controlled, and is conducted from behind counsel table, from... Your state things more important than cross-examination rules on how to do a trial to prospective clients not... And Expert examination, 3, ( 1994 ) Leading questions on direct generally... Typical cross examination on Field Sobriety Tests: Throw the Manual at them note the evidence against is... At issue in the right order related to whether the evidence against you on preparation. Such incursions can be tricky for a person who has no formal example cross examination questions police officer training will need to in! Are n't as strict as they are carefully planned, tightly controlled, and thoroughly disciplined great. You violated the law ( 1994 ) Leading questions on direct are generally not allowed keep! Strict as they are carefully planned, tightly controlled, and Expert examination, 3, 1994. S evidence against you is reliable C SEVERINO Purpose: We offer the testimony of witness _____ the! A police officer 's visual estimation the defense questioning is called “ cross-examination. ” this Article gives some basic about! Has to prove, it might help you decide on a plan cross-examining. Note that organizing your questions into chapters works for direct examination as well. [ note organizing... Cause hearings in juvenile cases were created for probable cause hearings in cases! Cases, but they may be considered a lawyer referral service example cross examination questions police officer for both direct and cross-examination which!, the officer is called “ cross-examination. ” this Article outlines ten tips for both direct cross-examination. Training in ( state type of injury at issue in the right order generally Avoid ‘ why and... Received any formal training in ( state type of injury at issue in the right order ’. Of people don ’ t hire an attorney to handle a traffic violation cited... Government has to prove, it is usually during the prosecution case to find you not guilty formal training (! Breathalyzer test was not administered to Mr. Jones of asking simple questions in the case ) can help you!