The night before my client’s evidentiary hearing, I pulled out her file and realized there was an unreviewed video from the police officer’s body camera. I sighed, exhausted, and hit play. Ten minutes in, I gasped. The following morning, the prosecutor agreed to dismiss the case. My client had been right about the cop lying. In the police officer’s report, he described the baggie being in plain view, but the video showed him rummaging through a closed backpack.
I told my client we were lucky that this prosecutor agreed to dismiss the case. My client blinked slowly and repeated, “Lucky?”