- Ref # CAC00055
- October 15, 2021
Sloppy investigations and unprepared prosecutions can result in sanctions and dismissal
- Use of an Undercover Officer Placed into a Jail Cell with a Defendant:
- Intentional Miranda Violations:
- Trombetta/Youngblood Failure to Collect or Retain Evidence:
- Brady v. Maryland; Brady Error:
- Belated Trial Discovery:
- Medina Error and Coerced Testimony:
- Motions for a Mistrial and Motions to Dismiss:
It is Sixth Amendment violation to place an undercover officer into a jail cell with an already charged defendant for the purpose of pumping that defendant for incriminating statements. Intentional Miranda violations will result in the suppression of any statements made by the defendant. The failure of law enforcement to collect and/or preserve relevant evidence may, in some circumstances, result in adverse court rulings. Failure to provide a defendant with the details of plea bargains with co-defendants’ constitutes Brady error, at least when it includes a requirement that the co-defendants testify against the defendant. Failing to properly record and preserve a co-defendant’s interview with law enforcement, at least when that co-defendant is expected to testify against the defendant, may be a constitutional due process violation. Late discovery provided to the defense may result in sanctions imposed upon the prosecution. Requiring a co-defendant, as a condition of a plea bargain, to testify truthfully, does not, by itself, constitute “coerced testimony;” i.e., that he testify to certain facts irrespective of their truth. Egregious errors by the prosecution may result in the dismissal of a criminal case, depending upon whether, as a result, the defendant will be able to obtain a fair trial.
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