QUESTION
What does suppression mean when my arresting officer dies before trial?
Asked on Oct 17th, 2013 on DUI/DWI - Oklahoma
More details to this question:
If someone is arrested for DUI and prior to trial the officer tragically dies. He therefore cannot show up to testify. What does it mean to go back to court for suppression?
9 ANSWERS
Michael J. Breczinski
They can't prove the case and are going to dismiss it.
Answered on Oct 21st, 2013 at 3:44 AM
It means your case will ultimately get dismissed, provided you have a good lawyer.
Answered on Oct 17th, 2013 at 2:22 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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This is a question best answered by your attorney. My guess is It means your lawyer is filing a motion to challenge the legality of the arrest, such a motion requires the testimony of the arresting officer to demonstrate the legality of the arrest AND the ability of your lawyer to cross examine the officer regarding the facts and conclusions that led to the arrest. Your lawyer's motion should be granted and your case dismissed.
Answered on Oct 17th, 2013 at 1:42 PM
Most likely what you are talking about is the suppression of evidence, which is to say that the evidence can no longer be used. Any physical evidence provided at trial needs to be authenticated and show the chain of authority to assure that the evidence was never tampered with. If the arresting officer has passed away, arguably some or all of the evidence which he provided could become inadmissible, thus would be suppressed.
Answered on Oct 17th, 2013 at 1:12 PM
Bankruptcy Attorney serving Federal Way, WA
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It sounds like your attorney is trying to prevent (suppress) the admission of the officer's statements.
Answered on Oct 17th, 2013 at 11:59 AM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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Your case will have to be dismissed.
Answered on Oct 17th, 2013 at 11:45 AM
It must mean that the prosecution will attempt to use the report of the now deceased officer. Your attorney probably has filed a motion to suppress the officer's report and any statements you may have made to him and any tests for blood alcohol level done at the time of your arrest.
Answered on Oct 17th, 2013 at 11:42 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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That is not really a suppression issue as much as it is probably grounds for dismissal. If the officer dies and he has not given any prior testimony under oath at a court hearing or deposition, then it would be a violation of the Confrontations Clause to allow his hearsay testimony because you have no way to cross examine him or confront him. There may be other ways to get the evidence in if there are other officers that can essentially testify to the same thing. That is why you need an experienced DUI attorney representing you so he can go over all of your case options.
Answered on Oct 17th, 2013 at 10:52 AM
When the officer died, a fair amount of evidenced became compromised, as he was likely the sole source of that evidence. As he is no longer available to be examined, there is argument for such evidence to be excluded due to being compromised.
Answered on Oct 17th, 2013 at 10:47 AM