Police Magazine Logo
MenuMENU
SearchSEARCH

My Life as an Expert

To the experts, this naked fellow was shot excessively at close range even after he had raised his legs in surrender…that's right, his legs.

June 1, 2009
My Life as an Expert

 

4 min to read


One of the most stressful things I have ever done in my life is be an expert witness. Despite training hundreds of cadets at the academy, studying various law enforcement skills, developing hundreds of diverse training programs, as well as simply doing and supervising law enforcement in the true laboratory of the street, nothing prepared me for the surreal world of the expert witness.

My first case as an expert was defending a group of officers who had shot a naked fellow on a narcotics raid. He had sued and won and now the officers were appealing. Nakedness is an odd attribute for a suspect, but after working narcotics for years I found it is not that rare. In reading all the depositions I noted the officers and the experts seemed to live in two separate worlds.

Ad Loading...

To the experts, this naked fellow was shot rather excessively at close range by the officers even after he had raised his legs in surrender…that's right, his legs. On the other hand, the officers doing the shooting seemed to be rather unmindful of the fellow's nakedness or foot position; it was the presence of the rifle that he was swinging toward them that they found rather offensive.

I have found this paradox often in the cases I have worked. What seems pretty common sense to me and the officer I am defending is somehow wildly off-base to the plaintiff and his or her "expert." I once defended a constable whom a suspect tried to run over three times before the constable finally opened fire on the fellow only to find himself in court with an expert saying he should have "just run away!" Just run away, eh? We won the case, but I must say, between depositions and cross-examinations being an expert witness is one bizarre experience.

To further prove my point I must go back to my very first awareness of "expertness" that occurred decades ago when JW cited a miscreant who had a rooster in her yard in Tucson. We had a strict ordinance against a "male fowl" being kept since roosters have an instinctual reflex to disturb the peace upon sunrise. You and I might laugh this off as just a simple fine and great dinner opportunity for the violator, but not so this outraged lover of Gallus domesticus, and JW soon found himself in Superior Court defending his citation.

It seems the Colonel's favorite dish has a tendency to be hermaphroditic every few thousand or so, and therein lay the appeal to the court. The rooster was actually a "hooster" or maybe a "ren," or so the appellant claimed. Picture the spellbinding moment in court when the judge sat stunned at this revelation, this "expert" claim of fact that rendered the citation void and the asexual fowl legal!

Without hesitation our young crime fighter took the stand and declared that while true one might find a hermaphroditic chicken, he had checked the violating bird and found him wholly male…period. Thus began a long query by the judge regarding JW's vitae as a "chicken expert." Incredibly, his life as a Wyoming rancher included a great deal of chicken ranching and state fair judging that had led him into the world of chicken-checking!

Ad Loading...

And so JW became the official chicken checker of Tucson PD…a cross he bears to this day. I still laugh at the comments our dispatchers and officers came up with every time a "crowing rooster" call would go out when our squad was working the streets!

I know this all sounds rather strange, but to tell the truth, in my experience as an expert witness the tale of the chicken-checking expert is one of the less bizarre. As you laugh to yourself and get ready to go on your shift, know that for every thing you do there is an expert somewhere who is willing to say you are wrong. On the other hand, there is also an expert willing to say, "Good job."

 

Dave Smith is the creator of "Buck Savage" and a retired law enforcement officer from Arizona. Currently, he is the lead instructor for Calibre Press' "Street Survival" seminar.


Subscribe to our newsletter

More Patrol

POLICE Topics, Tactics & Tips video series graphic featuring a Garmont Tactical Contact Collection duty boot against a police vehicle with flashing lights. Includes “Watch Now” callout for the video series.
Patrolby Wayne ParhamJuly 9, 2026

Garmont Tactical Contact Collection: New Duty Boots for Law Enforcement

Choosing the right duty boot can make a significant difference during long shifts. In this video overview, Kyle Ferdyn, of Garmont Tactical, introduces the new Contact Collection, designed specifically for law enforcement professionals seeking comfort, traction, and durability.

Read More →
Benchmade Bailout folding knife with a bronze tanto blade, taiga green handle, and orange accents displayed open against a textured black background, highlighting its lightweight tactical design.
PatrolJuly 9, 2026

Benchmade Launches Taiga Green Bailout

Benchmade has launched its Taiga Green Bailout, which features an anodized aluminum handle, S90V stainless steel, and Burnt Copper hardware accents.

Read More →
Composite image of ADEPT's Nova Titanium tactical helmet, showing front and side views alongside a soldier wearing the helmet in the field, highlighting lightweight ballistic protection for military and tactical applications.
PatrolJuly 9, 2026

Adept Armor Launches the Nova Titanium Combat Helmet: A Metal Ballistic Helmet at Composite-Helmet Weight

Adept Armor said its new Nova Titanium combat helmet delivers rated 9mm protection at 920 grams all-in, low backface deformation, edge-to-edge coverage, and an indefinite shelf life at roughly a quarter the price of premium polyethylene helmets.

Read More →
Ad Loading...
Two healthcare professionals model 5.11 medical scrubs—one in gray and one in blue—against a blurred hospital background, highlighting the brand’s professional apparel for medical workers.
PatrolJuly 2, 2026

5.11 Expands Professional Services Line with Premium, Performance-Driven Scrubs Designed for Healthcare Professionals

The launch of high-performance medical scrubs marks another major expansion of 5.11’s growing Professional Services category, enabling hospitals and healthcare systems to outfit a wide range of roles.

Read More →
Close-up of a black SOG Seal FX knife featuring a commemorative 250th anniversary engraving on the blade, displayed on an American flag to honor the United States' semiquincentennial.
PatrolJuly 2, 2026

SOG Knives Unveils 250th Anniversary Limited Edition Fixed Blade

SOG Knives has debuted its 250th Anniversary Limited Edition SEAL FX Fixed Blade, and only 250 are available. It features an advanced 4.3-inch S35VN steel blade and a tough glass-reinforced nylon handle.

Read More →
Close-up of a slim black Streamlight Wedge SL flashlight resting on an olive tactical vest with a black-and-gray American flag patch, its LED illuminated to showcase the compact everyday carry design.
Patrolby Wayne ParhamJune 25, 2026

POLICE Product Test: Streamlight Wedge SL

The Streamlight Wedge SL is a high-performance light for inspection or administrative tasks that features USB-C charging and an output up to 500 lumens in a compact package.

Read More →
Ad Loading...
Graphic recognizing Officer Michael Jaycox of the San Jose (CA) Police Department as Officer of the Month for May 2026, featuring his uniformed portrait beside a badge-and-rose emblem.
PatrolJune 25, 2026

NLEOMF Officer of the Month Saved Child from Burning Vehicle

The National Law Enforcement Officers Memorial Fund named Officer Michael Jaycox of the San Jose Police Department (California) as the Officer of the Month for May 2026. Read more about Jaycox’s heroic actions.

Read More →
Promotional image for Garmont Tactical’s Contact Collection featuring black tactical boots displayed in front of a police vehicle with flashing red and blue emergency lights. Text announces the new collection and notes it is now available.
PatrolJune 24, 2026

Garmont Tactical Introduces the Contact Collection for LE

Garmont Tactical has launched its Contact Collection, a new lineup of law-enforcement duty boots featuring 4-inch and 6-inch options, including waterproof models.

Read More →
Graphic celebrating 1,613 Folds of Honor graduates, featuring graduation books, a diploma, a mortarboard cap, the Folds of Honor logo, and an inset photo of a graduate standing in front of a campus building.
PatrolJune 11, 2026

Folds of Honor Celebrates Graduation Season as 1,613 Military and First Responder Family Scholars Earn Their Degrees

Every Folds of Honor scholar graduating in the Class of 2026 carries a story starting with sacrifice. Folds of Honor ensures it doesn’t end there. Since 2007, Folds of Honor has awarded nearly 73,000 educational scholarships to military and first responder families.

Read More →
Ad Loading...
Graphic for a POLICE Magazine article on Tennessee’s new deadly force law, featuring Lady Justice, handcuffs, a Tennessee map with Nashville highlighted, and the headline “Impact of New Deadly Force Law.”
Patrolby David StephensJune 4, 2026

Why Tennessee’s New Deadly Force Law Matters Beyond Tennessee

Tennessee’s new deadly force law is more limited than many may realize. Effective July 1, 2026, the law applies to a person who is not engaged in conduct that would constitute a felony or a Class A misdemeanor and who is in a place where the person lawfully resides. But it could have far-reaching influence.

Read More →