In 2011, Lupo and his then-partner from the 14th District pulled over a driver for running a stop sign. The driver later was charged with marijuana possession when a warranted search of his vehicle recovered about 2 pounds of the substance.
Lupo initially testified that he never opened the trunk of the vehicle. Later surveillance video showed Lupo and a sergeant on the scene opening the trunk and looking inside.
The judge in the case excluded the drug evidence because the trunk was opened without a warrant. Prosecutors dropped the charges against the vehicle owner.
According to state law, in order for the defendant to be guilty of perjury, he must not believe that what he is saying under oath is true. Defense Attorney Brian McMonagle argued that prior to seeing the video, Lupo had not remembered the 20-second period during which the trunk was open that day.