Legal Question in Criminal Law in California

conflict of interest

My boyfriend was at my apt. and he was on on parole and obscounding and someone called the police on him when they got to my apt. i told them he wasn't here but they came in and searched then i told them he was in my apt hiding. After they had him in custody they began to go through my drawers and they found narcotics. No miranda warning but they said that my boyfriend said they were his. He is looking at 5 years for this and i read the report where they lied. My question is if the arresting officer was dating my boyfriends step daughter and he had it out for my boyfriend would there be some kind of conflict of interest?


Asked on 12/29/07, 4:31 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: conflict of interest

Defense attorneys would be able to question the officer about his personal relationships and his motivations. The officer's responses might lead a jury to doubt that he was telling the truth. Such doubt could then lead to a more favorable verdict for your boyfriend. But none of this would prevent the case from going to trial, which seems to be what you have in mind.

Remember that police officers generally do not know who the suspect(s) will be when they arrive at a crime scene. Even when they do, they often have no choice but to respond, since delaying so that another officer can take the call could endanger victims and/or permit the suspect to escape. It would not further the interests of justice to allow defendants to go free based upon the identity of the officers who respond to a call.

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Answered on 12/29/07, 4:36 pm


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