4.5 Police Witnesses

• Library: Defense of Serious Traffic Cases in Virginia (Virginia CLE) (2020 Ed.)

4.5 POLICE WITNESSES

4.501 In General. In most instances, counsel will want to interview the officer or officers involved in the stop, investigation, and arrest of the client. The information stream at this stage, however, should flow only from police witnesses to counsel and not in the reverse direction. There is generally no reason to volunteer that there are additional witnesses or that the facts at the scene do not match their recollections, especially if the case will likely be tried. It may, however, be useful to divulge some of this information in negotiating a lesser charge or a recommended disposition of the case. After a thorough investigation and evaluation of the case, defense counsel generally will be the most knowledgeable party in such negotiations. Again, it is essential for the attorney to cultivate good working relationships with police officers, court clerks, and prosecutors in all jurisdictions in which he or she practices.

4.502 Interview of Arresting Officer.

A. In General. Discussing the case with the police officer or officers involved is one of the best and most efficient information-gathering procedures. Counsel should carefully examine all law enforcement notes and paperwork and check to see that any test results have been timely filed with the court. It is preferable to interview police officers early in the investigation of a case; they have the most information and...