Can a prosecutor suppress a police car video in a DUI case? The officer who stopped my brother said in his report that my brother was swerving, driving eratically, stumbled after getting out of car, did not pass field sobriety test, on and on... When my brother's attorney reviewed the tape it showed NONE of that, just the opposite. The attorney was shocked, but now states that the prosecutor could have the tape suppressed. My brother refused the breathalizer, and before you say it, he had not been drinking.
Asked on 9/16/10, 6:50 am
1 Answer from Attorneys
Timothy Hess
T. Hess & Associates, LLC
The State can not ask to suppress its own evidence. The evidence, obtained by the state, is exculpatory and therefore REQUIRED by law to be admitted.
Answered on 9/28/10, 4:52 pm
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