Legal Question in Criminal Law in Michigan

police use of wifes testomny

Wife cannot testify against husband,except for spousal abuse. Can police extract information from wife during inital investigation, arising from an anonomous phone call. Then use her information as a basis for further investigation resulting in a arrest warrent. Could this be cause for dismissal.Does this law on wife testifying apply to TRIAL only? If so doesn't this negate itsself.


Asked on 8/25/04, 10:32 pm

1 Answer from Attorneys
Regina Mullen Legal Data Services, PLC

Re: police use of wifes testomny

THe spousal immunity is not an absolute immunity, it applies to COMMUNICATIONS between a husband and wife, not general information about which the wife might have knowledge for purposes of police investigation. Further, it relates to testimony. If there is a question, the wife should consult an attorney about her rights.

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Answered on 8/26/04, 9:27 am


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