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simplyme83

Arresting Officer and Conflict of interest

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I was arrested in January of this year, I was not asked for permission to search my purse but my boyfriend gave permission for the car. My arresting officer was asked to resign years before after I turned him in for harassment when our relationship ended. This was never taken to court and I never pressed charges, but isn't this a conflict of interest?

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Presumably by now you would have had a lawyer address that question.

 

Why were you arrested and how did it happen?

 

Details count.

 

But if you are still pending trial for the arrest, you might want to ask your lawyer instead of admitting stuff online.

 

 

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Let me start with the fact that I admitted to nothing Adjusterjack.. Why I was arrested is of no concern.. I have brought this to the attention of my public defender however she apparently can't be bothered with things such as communication with clients..

 

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Your previous relations with the arresting officer are probably of no concern in this case.  The relevant issue is whether there is probable cause to arrest you.  If the officer had probable cause to arrest you, you can't argue the officer can't legally arrest you because you two had issues in the past.

 

The relevant issue is whether the officer had the authority to examine the contents of your purse.  If the officer had the authority to search the car, given by your friend, he probably was authorized to search the purse.  Also, if the officer was legally authorized to impounded the vehicle, he had the right to do an inventory of its contents,  This is what you need to take up with your attorney.  If you are pestering your lawyer about the alleged conflict of interest issue, it may impair your relationship.

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8 hours ago, simplyme83 said:

Why I was arrested is of no concern

 

Sure it is.

 

Did the officer see you and think "There's Susie. She messed me up. I'll go arrest her."

 

Or was it something like the officer pulled your boyfriend over for speeding and smelled marijuana coming out of the car and you just happened to be in the wrong place at the wrong time holding contraband?

 

Again, you probably shouldn't give details online since your case is still pending, but you get the idea.

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It is not a conflict of interest. A conflict of interest would occur where the officer had some duty to act in your interests but there was also some circumstance that might prompt the officer to work against your interests. Think about a lawyer who is representing you in some matter but is also representing your opponent in the same matter. The lawyer cannot represent both parties properly because representing one of them works against the interests of the other. There is nothing like that here.

 

What you have is a cop whom you had dated years ago and evidently ended badly. You might argue that he is biased against you and that his testimony ought to be given less weight because of it. No telling whether a judge or jury (as applicable) would discount his testimony based on that prior relationship. A lot depends on the details of the testimony and what other evidence exists to support the officer’s testimony.

 

The bottom line though is that if you were hoping that the prior relationship between you and the officer should result in automatic dismissal of any charges against you, that won’t happen.

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Hi @simplyme83

 

Welcome to the community and thanks for posting! Looks like you've already gotten lots of good input from the community! Agreeing with the group, the description you describe does not sound much like a conflict of interest, which includes a public official's conflicts between private and public duties, or a conflict between competing duties. What you describe sounds more like a possible bias against you, which is an unreasoned judgment against one side in a dispute.

 

As others have mentioned, this is an issue you should discuss with your public defender. If you feel your public defender is not serving you well, you can try to change public defenders, or speak with a private criminal defense attorney.

 

Best of luck!

The FindLaw.com Team

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13 hours ago, simplyme83 said:

I was arrested in January of this year, I was not asked for permission to search my purse but my boyfriend gave permission for the car.

 

Should we assume that you were arrested while in or near the car?  Who was driving the car?  Who owns the car?  Was your purse in the car?  Was anything incriminating found as a result of your purse and have you been charged with a crime as a result?

 

 

13 hours ago, simplyme83 said:

My arresting officer was asked to resign years before after I turned him in for harassment when our relationship ended.

 

Asked by whom?  Apparently, he did not resign and he was not fired.  Correct?

 

 

13 hours ago, simplyme83 said:

isn't this a conflict of interest?

 

Maybe, but so what?

 

 

3 hours ago, Tax_Counsel said:

 

It is not a conflict of interest.

 

 

I disagree.  The officer's potential desire for reprisal against the OP may conflict with his duty to do his job in an unbiased manner.  That said, I agree that the conflict or potential conflict is likely of no relevance to any criminal matter that may be pending.

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22 hours ago, pg1067 said:

I disagree.  The officer's potential desire for reprisal against the OP may conflict with his duty to do his job in an unbiased manner.  That said, I agree that the conflict or potential conflict is likely of no relevance to any criminal matter that may be pending.

 

I agree that his possible desire for reprisal against the OP may be a problem. I disagree that it amounts to a conflict of interest. And even if it did, the OP isn’t the “client” whose interests are being adversely affected by that conflict of interest. That would be the officer’s employer. In any event, as you note, it isn’t something that the OP can use to get the charges dismissed or reduced.

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