Demonstrative Cross-Examination of an Officer
Larry Taylor

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Continued from Page 3...

"[Unmiked student speaking]"

I never had one do it.

"[Unmiked student speaking]"

What I normally do and now again this is abbreviated. What I normally do is that I have them do something like that. I will sometimes use my client. I will sometimes do it myself, I have even used a cop. So, I will have it diagramed and 3 hours later, 2 hours later, whatever the same period of time is, here it is 2 hours, I will say " Officer, it has been 2 hours since __________________________—. No human being can.

"[Unmiked student speaking]"

That’s tough, you see in California, we live in a unique place, ah, they don’t recognize this, they don’t recognize the rest of the United States most of the time. They don’t recognize the statewide field sobriety test. But, the CHP for example and the LA Sheriff’s and so on, do use the manual, they reproduce is what they do, in the student manual, for the officer’s going through the academy. It is identical. They just don’t refer to it as a _____ and so on. So what I’ll do usually is have the CHP’s manual for the CHP’s Academy and a lot of the police department’s in California send a copy to their academy, CHP DUI training.

"[Unmiked student speaking]"

Well the Southern California research institute’s in Southern California, but we don’t recognize that. At least not in Northern California.

Yes, the back row.

"[Unmiked student speaking]"

One thing I have done along the lines, not the same thing, in California, almost all of the arrest, they don’t need cards, they got it written on their arrest reports and I notice in Washington state, on the front page, it lays out the Miranda rights to be read and then signed. And almost, once again in California, almost never do you see Miranda actually ever being given because they are smart because they do all of the questioning before the arrest, arrest the guy, then they have nothing more to say to the guy after them arrest, so they don’t bother with the Miranda. What I find interesting is juries, one of the few things they know about is Miranda’s. They have seen so many TV shows and they think you are supposed to give it and the cop is cheating if he doesn’t give it, no matter when. And I want to bring out not that it is irrelevant to a damn thing, I just want to bring out that the cop never gave the guy a Miranda. It makes him look like he is not playing by the rules.

"[Unmiked student speaking]"

Question?

"[Unmiked student speaking]"

Well, of course, they always say destroy it, ah at least in my jurisdiction.

"[Unmiked student speaking]"

I think you don’t understand what I am saying. The cops don’t do rough notes. There are none. Ever in most cases, but they’re destroyed.

"[Unmiked student speaking]"

Yes, there are some guys that actually do rough notes. In my experience most cops will say, "yeah I did notes, but I destroyed them," But they never existed and I am quite confident of that in most cases. Uh, but then again, you can develop them so why in the hell do you have to destroy these non-existent notes.

"[Unmiked student speaking]"

Oh, I just wanted, a hypothetical, I did, I would develop it if I had more time. What I’m trying to show is that all this is nothing. In most states, except California, you have two counts, you have 08, or the 1.0 in your state and then you have the DUI or DWI. The DUI or the DWI does not rely on the blood alcohol evidence, breath machine, but this cop who has given all of this _____ testimony, all of these tests, all of these observations, this terrible stuff and he’s going to cut this guy loose. He is so insecure and unsure of what he saw and observed that all it takes is some machine to say 03 or 04 on a separate charge that may be irreverent to presumptions and so on, that he’s going to cut that guy loose. All of that meant nothing since that machine disagreed with him. That’s what I’m trying to show. If it sounds overwhelming, but it doesn’t amount to much.