· 2/26/2003
Ricky W. Beauchamp and Beth E. Beauchamp v. City of Noblesville, Indiana, Cynthia Dukette, Joe Cook, Hamilton County Sheriff
Citations
- 320 F.3d 733
- 2003 U.S. App. LEXIS 3451
- 2003 WL 483152
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that it is not the obligation of the police to exclude all suggestions that the witness is not telling the truth; rather, “the responsibility of sorting out conflicting testimony and assessing the credibility of putative victims and witnesses lies with the courts”
- holding that it is not the obligation of the po- lice to exclude all suggestions that the witness is not telling the truth, and that “the responsibility of sorting out conflict- ing testimony and assessing the credibility of putative victims and witnesses lies with the courts”
- noting that although the “story had inconsistencies, the officers were under no constitutional obligation to exclude every possibility that she was not telling the truth, unless the inconsistencies were such that a reasonable officer would become suspicious”
- finding it reasonable for an officer “to not place great emphasis on the [rape] victim’s … inability to recall the details of the crime clearly”
- “the police are under no constitutional obligation to exclude all suggestions that the witness...is not telling the truth.”
- it is not the function of the police to establish guilt; officers may leave it to the courts and prosecutors to sort out conflicting evidence
Source: CourtListener parenthetical corpus (CC0).
Judges: Bauer, Posner, Rovner
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.