NCJ Number
188706
Journal
Police Chief Volume: 68 Issue: 5 Dated: May 2001 Pages: 10,12,13
Date Published
May 2001
Length
3 pages
Annotation
Police officers could be subject to liability in Federal court for failing to disclose to a prosecutor any evidence that may be favorable to a defendant; this article reviews the important court decisions on this issue and offers recommendations to police departments to reduce the risk of litigation.
Abstract
Although the Federal courts are divided as to the source of the obligation of officers to turn exculpatory evidence over to the prosecutor, it is clear that officers may be subject to liability in Federal court for failing to do so. It is not yet clear what minimal level of culpability must be involved before officers will be held liable for failing to disclose exculpatory evidence. Nevertheless, it is clear that officers acting in "bad faith" could be found to have committed an "affirmative abuse of power." Some recommendations for reducing the risk of litigation on this issue are to install a tracking system that identifies when the entire file is transmitted to the prosecutor; discourage investigators from keeping a separate personal file of the investigation; make sure the prosecutor is aware of "street" files that contain information on government witnesses; come to a consistent understanding on the disposition of handwritten notes; do not hesitate to document the precise dates and times an officer discusses the case with the prosecutor; and make sure recruit and in-service training includes training on the duty to disclose exculpatory evidence. 11 notes