Daytona Beach police chief furious over judge's ruling

Prosecutors have decided to drop the charges against a man because a judge said Daytona Beach police lied to get evidence.

The judge said two officers misled the suspect's mother so they could search his home, for drugs.

Daytona Beach police chief Michael Chitwood is furious over this case, blasting the judge in a letter, saying his opinion reflects personal bias. The chief says deception is a commonly accepted practice in law enforcement.

But in Judge Joseph Will's ruling in court, he called that type of conduct dishonest.

Daytona Beach police say they were verifying an anonymous tip when they knocked on the door of a Daytona Beach home. Officers found drugs, but lied to the suspect's mother to get inside, saying they were there for a "911 hang up."

Chitwood said such deception is legal and often used.

"If I'm an undercover cop buying drugs and the guy asks me, 'Hey, you look familiar are you a cop?,' am I supposed to say yes? Are we not supposed to use a bait car?" Chitwood said.

Police arrested David Beauprez in September, but in a ruling from Judge Will this week, he granted a motion tosuppress the evidence in his case. The judge called into question the credibility of one officer's facts based on the fact that he lied.

WFTV legal expert Bill Shaeffer said the judge has a right to do that.

"The police officers can lie, they can use deception, but there are limits. If the police exceed those limits, then a judge can, and has a responsibility to, dismiss those charges," Sheaffer said.

Chitwood said those limits were not exceeded. He fired back in a letter, saying it reflects Judge Will's bias against state law. In reference to the judge labeling his officers liars, the chief called it an "attack on both these officers: integrity and professionalism.

"There's nothing in their record to indicate they did anything wrong, they're out there doing their job. If the judge disagrees with the law, say you disagree with the law," Chitwood said.