{"id":5404,"date":"2012-04-04T23:55:53","date_gmt":"2012-04-05T06:55:53","guid":{"rendered":"http:\/\/amicuscuria.com\/wordpress\/?p=5404"},"modified":"2012-04-05T00:57:23","modified_gmt":"2012-04-05T07:57:23","slug":"lacey-police-officer-guilty-of-lying-under-oath-to-judge","status":"publish","type":"post","link":"http:\/\/amicuscuria.com\/wordpress\/lacey-police-officer-guilty-of-lying-under-oath-to-judge\/","title":{"rendered":"Lacey Police Officer Guilty of Lying Under Oath to Judge"},"content":{"rendered":"

Published April 04, 2012 in the Olympian by\u00a0JEREMY PALWLOSKI<\/em><\/p>\n

A former Lacey police officer faces up to a year in jail and a $5,000 fine after pleading guilty Tuesday for lying to a judge under oath.<\/p>\n

\"\"<\/a>

The most common crime in America perpetrated by cops<\/p><\/div>\n

While applying for a search warrant by telephone Jan. 9, Emmanuel Olivo told a judge that he had pulled a car over at Carpenter and Mullen roads after conducting a random state Department of Licensing check and discovering that the car\u2019s owner had a suspended license. [The purpose of this lie was to establish ‘probable cause’ for the warrant else a search of the vehicle would violate 4th Amendment protections. The fact the officer pulled the vehicle over and searched it w\/o such a DOL check meant the evidence seized should have been suppressed. By lying, the officer intended to deny the suspect’s right to 4th Amendment protection.<\/em>]<\/p>\n

But after Olivo\u2019s patrol supervisor checked his reports and audited the vehicle stop, she determined that Olivo had not performed a DOL check, Thurston County Chief Deputy Prosecuting Attorney Andrew Toynbee has said.<\/p>\n

Officers typically can check a driver\u2019s license plate number from their patrol car and determine whether its registered owner has outstanding arrest warrants or is driving with a suspended license.<\/p>\n

After the judge granted Olivo\u2019s search-warrant request, Olivo found suspected methamphetamine in the vehicle. A felony meth charge against the car\u2019s occupant was dismissed after evidence emerged that Olivo had lied.<\/p>\n

Olivo, 28, pleaded guilty to gross-misdemeanor false swearing during a brief court hearing before Judge Kalo Wilcox. His sentencing is tentatively set for April 18.<\/p>\n

Olivo declined to comment outside court. His attorney, Michele Shaw of Seattle, said he does not have a plea agreement in place that could affect his sentencing.<\/p>\n

Since Olivo\u2019s arrest, a separate criminal case he investigated has been dismissed because of questions about his credibility, a prosecutor said. Toynbee has said it\u2019s possible that defense attorneys can challenge convictions in cases in which Olivo was a witness.<\/p>\n

Police Lt. Phil Comstock said Tuesday that Olivo resigned last week. He previously had been on paid administrative.<\/p>\n

The Lacey Police Department is completing a separate administrative investigation of Olivo, Comstock said.<\/p>\n

After learning of Olivo\u2019s possible crime, Lacey police turned the investigation of it over to the Olympia Police Department. Comstock said that the incident, while unfortunate, shows that the department holds itself accountable.<\/p>\n

Chief Dusty Pierpoint added that he can\u2019t recall a similar incident in his 26 years with the Lacey police. [Just never met a cop ya didn’t like, eh Chief?\u00a0Come to the barrio! Some of the street people, buskers, and homeless could help provide you a remedial education in Cop 101.<\/em>]<\/p>\n

\u201cIt\u2019s unfortunate, and we don\u2019t like anything like this to happen,\u201d he said. \u201cBut at the same time, when it does, we have to address that. The public does expect that.”<\/p>\n","protected":false},"excerpt":{"rendered":"

Published April 04, 2012 in the Olympian by\u00a0JEREMY PALWLOSKI A former Lacey police officer faces up to a year in jail and a $5,000 fine after pleading guilty Tuesday for lying to a judge under oath. While applying for a … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-5404","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"http:\/\/amicuscuria.com\/wordpress\/wp-json\/wp\/v2\/posts\/5404","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/amicuscuria.com\/wordpress\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/amicuscuria.com\/wordpress\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/amicuscuria.com\/wordpress\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/amicuscuria.com\/wordpress\/wp-json\/wp\/v2\/comments?post=5404"}],"version-history":[{"count":10,"href":"http:\/\/amicuscuria.com\/wordpress\/wp-json\/wp\/v2\/posts\/5404\/revisions"}],"predecessor-version":[{"id":5406,"href":"http:\/\/amicuscuria.com\/wordpress\/wp-json\/wp\/v2\/posts\/5404\/revisions\/5406"}],"wp:attachment":[{"href":"http:\/\/amicuscuria.com\/wordpress\/wp-json\/wp\/v2\/media?parent=5404"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/amicuscuria.com\/wordpress\/wp-json\/wp\/v2\/categories?post=5404"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/amicuscuria.com\/wordpress\/wp-json\/wp\/v2\/tags?post=5404"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}