Legal Question in Criminal Law in California

here is another question for u top notch lawyers out there. Is it possible that when a police officer in his report types, " THIS INCIDENT WAS RECORDED USING THE IN CAR AUDIO/VIDEO EQUIPMENT IN PATROL VEHICLE *** AND ALSO ON A DIGITAL AUDIO RECORDER. THE DATA FROM EACH DEVICE WAS LATER UPLOADED TO THE DEPARTMENT SERVER AND MARKED AS EVIDENCE.", that the officer might not have actually put that evidence on the server? He thinks the evidence isnt going to come into play open and shut case. Its been a year and we are still waiting on that evidence that has been requested, and that is the reason why we havent recieved it yet because it does not exsist. Another reason we havent recieved it is because he knows that the

evidence is going to make him look bad showing him to be the manipulitive lying disgrace of a public servent that he his. Last thing. When a human being is summons to court because of a criminal matter, that the birth certificate is the etinty that they are refering to not the phyisical body of that name.


Asked on 1/11/14, 12:08 am

1 Answer from Attorneys
Joe Dane Law Office of Joe Dane

Your attorney can look into getting the discovery through the appropriate requests and motions. If the evidence did in fact exist and was destroyed, there may be a valid Trombetta motion, depending on the nature of the evidence that was lost and the entire case.

I can only assume you have a lawyer. Discuss this with them.

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Answered on 1/14/14, 1:26 pm


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