If the police officer who arrests you has later resigned from his position, can his testimony or what he stated in his report still be used in trial?
2007-07-07 04:57:03 · 15 answers · asked by CoCo DeLuXe 1 in Politics & Government ➔ Law & Ethics
Yes and No. It depends on why he resigned from his job. Anything criminal or something of that matter, then I would say no it can't.
2007-07-07 05:00:36 · answer #1 · answered by MuddButt 3 · 0⤊ 1⤋
His testimony is admissable regardless of how or why he resigned. He is a witness to the incident. Now if he resigned because of misconduct, that may go to the issue of his credibility as a witness. But being on the police force at the time of trial is not required.
2007-07-07 12:11:31 · answer #2 · answered by Toodeemo 7 · 1⤊ 1⤋
Yes it can. He can still be compelled to testify.
If he resigned for other than honorable reasons, however, it may give his testimony less weight, and the D.A. may decide to not use his testimony and would probably drop the charges.
2007-07-07 12:05:57 · answer #3 · answered by idlefreak 1 · 1⤊ 1⤋
Depends on why he resigned. If he did so due to misconduct or suspected misconduct his word is potentially tainted and you can use those facts of his resignation to call his credibility into question.
If he just decided to leave, then it'd make little difference. It'd also make little difference depending on the nature of other evidence against you.
2007-07-07 12:05:51 · answer #4 · answered by Atavacron 5 · 1⤊ 1⤋
Yes
2007-07-07 12:01:21 · answer #5 · answered by hexeliebe 6 · 1⤊ 1⤋
Maybe you shouldn't try to get over on the police. Why are you so thirsty to look for loopholes in the judgement system? Pay your dues and get on with your life.
2007-07-09 17:10:45 · answer #6 · answered by Guy 3 · 0⤊ 0⤋
Yes, the state will still call him as a witness. Happens all the time. Cops aren't thrilled about it b/c they no longer get overtime.
2007-07-07 13:10:04 · answer #7 · answered by Anonymous · 1⤊ 1⤋
Yes, of course.
2007-07-07 12:08:34 · answer #8 · answered by kiwi 7 · 1⤊ 1⤋
OF COURSE! his testimony is not based on his career choice its based on what he witnessed.
2007-07-07 12:01:11 · answer #9 · answered by Anonymous · 1⤊ 1⤋
He should be available for cross-examination by your attorney. It's not fair and might be thrown out if you are not allowed to cross-examine.
You should fight it in court and you might win. Better than giving up.
2007-07-07 12:00:56 · answer #10 · answered by mikeburns55 5 · 1⤊ 1⤋