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 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.
The majority acknowledged it was potentially unfair that a Denver officer testified to a different sequence of events at trial than earlier in the case.
A trial judge had previously disagreed with Torres' argument, finding that police had reasonable suspicion to stop him based on the pretrial testimony of one officer who claimed to have seen a gun on Torres before anyone had seized him.
The appeals court ultimately upheld the convictions, despite the contradictory testimony.
Author's summary: Court upholds convictions despite unfair police testimony.
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