An officer retires and moves to a state far from the area where he worked. Back in his home city, a defendant in a spousal abuse case is requesting discovery from the prosecution. The retired officer's partner knows that the retired officer kept a notebook that had notes from every call that resulted in an arrest, including the arrest of this defendant. The working partner believes the notes are not significant to the case. Telling the prosecutor about the notes means that the retired officer will have to search them out and produce them. Should the working partner tell the prosecutor about the notebook's existence?
2007-11-13 02:49:21 · 5 answers · asked by Fashionista 4 in Politics & Government ➔ Law & Ethics
Yes he should. It is evidence. In fact, as an agent of the state, he is required to disclose this information to the prosecutor.
2007-11-13 03:27:13 · answer #1 · answered by Heather Mac 6 · 0⤊ 0⤋
yes, he must do so. as said above, if his notebook contains work related notes, then he should have left it when he retired.
either way, it is the duty of the remaining (working) officer to disclose all of the facts regarding the case, and it would be up to the prosecution to request a subpoena if necessary. it doesnt seem likely that the notes would be used as evidence in the case if they are not part of the evidence provided by the prosecution (how can they make a case based on the notes if they do not have them?). notes are only second hand knowledge of an event - the retired officer's testimony would be requested by the court but the notes would likely be dismissed.
it is more likely that if the officer has knowledge of the case, he will be issued a subpoena by the court rather than his notes.
2007-11-13 03:05:45 · answer #2 · answered by jamsoftheweek 4 · 2⤊ 0⤋
Yes. It is evidence. Chances are that the retired officer left his notes behind when he retired. In some cases, it is mandatory that an officer turn in his notes.
2007-11-13 02:55:13 · answer #3 · answered by regerugged 7 · 1⤊ 0⤋
did the officer move so far away there is not mail or other delivery service, phones, or internet?
Then why is distance relevant?
I have read many stories in the news over the years like the one you describe, usually but not always related to some cold case homicide or sexual assault.
The retired detective has always been glad to help.
Once a cop, always a cop, I guess.
2007-11-13 03:16:39 · answer #4 · answered by Barry C 7 · 1⤊ 0⤋
All known evidence should be presented in a case.
2007-11-13 03:02:43 · answer #5 · answered by savahna5 6 · 2⤊ 0⤋