Drug sale case

If you have been arrested after surveillance of a drug sale, your criminal defense attorney may want to cross-examine the arresting officer. After the officer has testified on direct examination, your criminal defense attorney’s cross-examination of the officer might include the following:

  • In front of which address were you parked?
  • Were you on the driver’s side or the passenger’s?
  • Were you on the same side of the street or across the street from my client?
  • Were there parked cars between you and Defendant?
  • Did you use binoculars or any other viewing device to observe Defendant?
  • Did your partner?
  • Were there other officers on surveillance? If yes, who were they?
  • Where were they stationed?
  • Did they use binoculars to your knowledge?
  • At the time you saw Defendant give some item to another individual, how far were you from the Defendant?
  • Had you moved from the position from which you first saw Defendant?
  • The item you say you saw Defendant give to the individual who approached him—you could not see what it was? [The defense attorney should have the witness describe it in as much detail as possible to prevent harmful elaboration at a suppression hearing or trial.]
  • And you could not identify the item the individual gave to Defendant? [Again, the defense attorney should seek details.]
  • You say that my client handed the package you thought was crack cocaine to another man?
  • Could you please describe that other man?
  • Was this a man you had seen before?
  • [If so] Where / when / doing what?
  • What did you see the man do with the package he got from my client?
  • Did you stop that man that night?
  • Did any of the other officers?
  • Did anyone search him?
  • Did you find any crack cocaine on him?
  • What was his name?
  • His address?