Informant who provided information that is in the affidavit for search warrant produced by officer says officer lied in affidavit. Informant says did not do things officer said informant did in the affidavit for probable cause used to obtain a narcotics search warrant. Informant passed polygraph and officer will not take one. Officer says no false statements in affidavit. Any way around ccp 38.18 in this situation. Other officer present is saying can't remember anything informant told officer writing affidavit. Am I dead in the water because of 38.18 for agg. perjury?

I am thinking I can go with tampering with government record but that will put me back in misdemeanor territory. Any other ideas someone may have will be greatly appreciated.

[This message was edited by Chris Martin on 02-24-10 at .]

The two-witness rule in perjury cases was designed to prevent the prosecution of this type of case where you have a swearing match. I do not see any way around it. I would not prosecute the misdemenaor case either since you just have a swearing match.

Doesn't sound like anything I would consider stretching for. Seems to me like all that can come of this is a rift between your office and peace officers.

Underlying question - what approach does a prosecutor take when he or she may have to rely on an affidavit from a peace officer that is not trustworthy?