Can a prosecutor suppress a police car dash cam? My brother was arrested for DUI. Officer put in his report that my brother was driving eratically, almost knocked out some mailboxes, stumbled out of truck, did not pass field sobriety. My brother was so shocked at getting arrested after he completed field test and taken in handcuffs to station that when they put him in front of breathalizer he asked for attorney and refused. His attorney was skeptical of his version of evening and sent away for tape. We all viewed it in his office. The attorney was "shocked", (his words). Attorney said this was probably first time he had a video that proved his client was telling whole truth. Tape shows officer very confrontational and aggressive and my brother behaved like a gentleman. No swerving at all in the 5 minutes officer followed him. Attorney said not to worry, tape will help get case dropped. Now we get a call that prosecutor wants tape suppressed and is going to trial. WTF?? Before you say it, my brother has NEVER been arrested, stopped. He was coming home from business meeting out of town when stopped and has 5 men he had dropped off thru drive ready to testify there was no alcohol the whole day. Can this happen?
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Alcohol & Drugs: MIP, MIC, Intoxication police car video suppression
- Thread Starter kmhall
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army judge
Super Moderator
The prosecutor has the ability, as do we all, to try and suppress information that could prejudice his case.
However, when that happens, its usually because the state has a weak or questionable case.
This doesn't mean a thing.
Your brother's attorney will defend the suppression of evidence that could exonerate his client, your brother.
When constitutional protections collide with procedural hijinx, constitutional protections will prevail.
All you need to do is sit back, enjoy the courtroom antics.
Observe the defense attorney magicaly turn a human being (prosecutor) into a monkey!
This is nothing to worry about.
Your brother will get the tape admitted.
mightymoose
Moderator
Did the officer give a specific reason for making the stop?
Does the video show any violation at all? (failure to signal, rolling stop, light out)
If a valid reason for the stop can be established then don't expect the case to be tossed. There may be valid reason to discipline the officer though.
Was your brother drunk? Usually failure to submit to the breath test is a presumption of guilt. Did they draw blood from him when he refused the test?
He isn't in the clear.
Does the video show any violation at all? (failure to signal, rolling stop, light out)
If a valid reason for the stop can be established then don't expect the case to be tossed. There may be valid reason to discipline the officer though.
Was your brother drunk? Usually failure to submit to the breath test is a presumption of guilt. Did they draw blood from him when he refused the test?
He isn't in the clear.
Officer said he stopped him because he had observed him swerving and he had not stopped completely for a stop sign. Tape, which is 6 minutes long show my brother not swerving and in fact the officer nearly rear ends him at the stop sign when my brother stops first in front of sign, pulls up a little, sees a car approaching and stops again. My brother was not drinking, and was scared by how the officer was treating him that when he was handcuffed and thrown, literally, in back of car, he decided something was terribly wrong with the situation that he continually asked to call an attorney/family and decided not to take the breathalizer.
The tape looks very bad for the officer, my brother was stoned cold sober, followed all the orders of the officer and his attorney could not find one traffic incident in 6 minutes that would warrant a stop.
Want to mention that once they got in the car, the officer turns off the mike attatched to his uniform and does not turn it back on till arrive at station. Attorney says he can not do that.
The tape looks very bad for the officer, my brother was stoned cold sober, followed all the orders of the officer and his attorney could not find one traffic incident in 6 minutes that would warrant a stop.
Want to mention that once they got in the car, the officer turns off the mike attatched to his uniform and does not turn it back on till arrive at station. Attorney says he can not do that.
Don't know if it's important, but the officer put an addendum in his report that he had told my brother and my sister who picked him up at the station that they were not to go back to the car and move it. (Not true, told them that my brother could not move the car as he no longer had a license). They picked up my sister's husband and he moved car back to my brothers. While in the driveway discussing this nightmare the officer drove past slowly, shined spot light on them and continued on and turned around and repeated drive by. He states in his report that despite his warning my brother went back and moved the vehicle. So weird, so scary.
army judge
Super Moderator
It is never wise to refuse to blow or submit to a blood test. That's how they get your license, even when you hadn't been drinking. Implied consent, it'll cost you every time.
It'll also keep on costing you. Your insurance rates increase, assuming you can get insurance. You lose your license. No, not smart to refuse to blow or give a blood specimen.
It'll also keep on costing you. Your insurance rates increase, assuming you can get insurance. You lose your license. No, not smart to refuse to blow or give a blood specimen.
mightymoose
Moderator
The behavior of the officer is suspicious to say the least.
Regardless of the circumstances, your brother will have to explain his refusal to submit to the breathalyzer. The presumption is that a sober person would certainly blow. If he is lucky they got a blood sample, and that blood sample will prove his innocence... or if he is unlucky it will not.
Very foolish of your brother to not submit to the test. State law likely requires him to.
There may be a reason for the stop that is not seen in the tape. The officer's report and testimony will have to bring that out.
I suspect this officer will be off patrol real soon if this case goes far enough.
Regardless of the circumstances, your brother will have to explain his refusal to submit to the breathalyzer. The presumption is that a sober person would certainly blow. If he is lucky they got a blood sample, and that blood sample will prove his innocence... or if he is unlucky it will not.
Very foolish of your brother to not submit to the test. State law likely requires him to.
There may be a reason for the stop that is not seen in the tape. The officer's report and testimony will have to bring that out.
I suspect this officer will be off patrol real soon if this case goes far enough.
CdwJava
Moderator
I am wondering why the prosecutor would even file if the video shows that there is no case ... very peculiar.
The only thing I can think is that maybe the video was shut off at some point, or is somehow flawed sufficiently to prejudice the matter ... but, even then ... ????
Though, our local DA has gone so far as to make a Pitchess motion on their own witness and even once sought to suppress an item of evidence seized by the police! So, I suppose there are no bounds to what might make some sort of LEGAL sense even if it defies COMMON sense.
The only thing I can think is that maybe the video was shut off at some point, or is somehow flawed sufficiently to prejudice the matter ... but, even then ... ????
Though, our local DA has gone so far as to make a Pitchess motion on their own witness and even once sought to suppress an item of evidence seized by the police! So, I suppose there are no bounds to what might make some sort of LEGAL sense even if it defies COMMON sense.
I have absolutely no idea the why of it. Attorney told us that once the prosecutor reviews tape, he will either throw every thing out, or have the tape suppressed and go forward. That was why I asked the original question.
I get why everyone is saying he should have blown, but by the time he got to the station, he said it was so surreal and he realized this guy was not "right" and he was scared that the breathalizer operated by this officer could be compromised. The officer was telling other officers that my brother "almost took out 4 mailboxes", going left of center, stumbled out of car and REAKED of alcohol. My brother was scared and just wanted to get to his family. He knows now that it was a stupid thing to do, and if it weren't for the tape I'm sure everyone would give the officer the benefit of the doubt. (There are exactly 5 statements in his report that are proven absolutely false by the video.) I just pray that when they all get to pre-trial the prosecutor will look at this tape and do the right thing and not punish my brother with loss of his license for a year.
I get why everyone is saying he should have blown, but by the time he got to the station, he said it was so surreal and he realized this guy was not "right" and he was scared that the breathalizer operated by this officer could be compromised. The officer was telling other officers that my brother "almost took out 4 mailboxes", going left of center, stumbled out of car and REAKED of alcohol. My brother was scared and just wanted to get to his family. He knows now that it was a stupid thing to do, and if it weren't for the tape I'm sure everyone would give the officer the benefit of the doubt. (There are exactly 5 statements in his report that are proven absolutely false by the video.) I just pray that when they all get to pre-trial the prosecutor will look at this tape and do the right thing and not punish my brother with loss of his license for a year.
CdwJava
Moderator
Unless your state is different from most others, the prosecutor is not the one that suspends a license for a refusal to take the test, it is your department of motor vehicles. He will have to take any suspension up with them should they act on his license status.
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