Why are troopers allowed to change their story when testifying in court?
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Why are troopers allowed to change their story when testifying in court?
During a traffic stop for speeding a state trooper stated he smelled a strong odor of marijuana coming from the vehicle and driver’s eyes
Asked on August 17, 2017 under Criminal Law, Wisconsin
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Technically, it may be perjury since he he has changed what he stated under oath (hearing vs. at trial). Practically, it makes no difference: since it is equally illegal to have raw marijuana vs. burned marijuana, whether it was raw or burned does not change the outcome; therefore, his changing his story somewhat would be considered "harmless error" and will not help you.
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