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Officer set to testify on suspension--can I Motion in Limine...

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January 26, 2006, 15:25
kpm
Officer set to testify on suspension--can I Motion in Limine...
I have my intox. operator officer set to testify on Monday. He is on indefinite suspension for use of force from the PD. Anyway, is there anyway to restrict how much of this gets out in testimony? What can I file, if anything??? Can I do a Motion in Limine...
January 26, 2006, 15:58
SAProsecutor
You must do a motion in limine to keep all of that out but you may have bigger problems. What if your judge let's the defense go into why he is suspended from the force. I'm also assuming he won't be allowed to wear his uniform to court and that will raise suspicions with the defense & the jury.

Can you go forward with your case without the breath test? You might not want to present the breath test and just go forward on loss of mental & physical. Hope your video looks good! (if there is one) Eek
January 26, 2006, 16:51
JDL
Under what reasons would the officer's suppension for use of force be relevant to the breath test results.

Without knowing more than your state in your post, it SHOULD NOT come in. If you have a Judge that knows the law you should be find...however, as we all know just because you wear a black robe doesn't mean you know the law.