Criminal Trials, Hearings Ruled on false testimony

P

Priscilla

Guest
Jurisdiction
North Dakota
During an evidentiary hearing can, a judge make a ruling based on testimony that was never made?

Basically, the judge said the co-defendant made a statement that she admitted to smoking marijuana before getting in the car but that was never stated by her or by the officer. However, the judge used that as a factor when ruling in his reason to deny a suppression of evidence. How can a judge do this? Is there anything that we can do?
 
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