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My son was pulled over for a "traffic violation" . I was with him when this happened. He had syringes in a sharps container, to return to the needle exchange program. He was arrested and charged. I read the police report and the officer lied about a number of things in his report. I know why he did it. It was the only way he could show probable cause. He states that he gave my son his ticket before the needles came into play. I know better. Neither one of us have the money to hire an attorney. He was appointed a PD. His PD told him he couldn't get the body cam footage. I disagree. Besides my testimony, which the PD hasn't even discussed with either of us and he is very aware of the situation. The cam footage will prove he is lying about what happened and how it happened. Can I try to get it if he doesn't?  Just a side note if it helps. He is due for pretrial next month. Should this be done asap? Thank you 

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44 minutes ago, Glenda said:

My son was pulled over for a "traffic violation"

 

What traffic violation?

 

44 minutes ago, Glenda said:

He had syringes in a sharps container, to return to the needle exchange program.

 

Why did he have syringes? Is he a drug addict?

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He said he was doing 28 in a 20. However, he was driving pretty slow. He drives slower than most. He used to be. He was part of the needle exchange program and has to carry a card for it. His friend asked him to return dirty needles for him because his car was broke down and we would be driving right by it. Mind you, they were in sharps container they use to dispose of them.

 

That has nothing to do with the officer lying in his report. Not being disrespectful, but it doesn't on either account.

 

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5 hours ago, Glenda said:

Can I try to get it if he doesn't?  Just a side note if it helps. He is due for pretrial next month. Should this be done asap? Thank you 

 

YOU can't get it. You are not the one charged with a crime, your son is. And unless you are a licensed attorney, you may not represent your son or give him legal advice on his case. Your son is represented by a lawyer and as long as he is represented by the lawyer it is his lawyer that must file any motions with the court to compel disclosure of evidence from the prosecutor. If your son wants to make motions himself, he'd need to fire the lawyer and go pro se. That's typically not a good way to go.

 

His lawyer should not be discussing the details of the case with you. That may put at risk the attorney-client privilege.

 

Are you sure there is even body cam or other video/audio of the stop? And as doucar asks, why does the PD say it cannot be obtained? The reason matters.

 

If your son was speeding, then the cop had the reasonable suspicion needed to pull him over. From there, how the cop found the needles matters. If the needles were in plain view that the cop could see while talking to your son about the ticket then the needles were fair game for seizure because no warrant is needed to seize items that are in plain sight. If the cop had to conduct a search to find them then the cop had to get a warrant to conduct the search unless the circumstances were such that a warrantless search was permitted.

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14 hours ago, Glenda said:

He was arrested and charged.

 

Arrested for what?  Charged with what?

 

 

14 hours ago, Glenda said:

His PD told him he couldn't get the body cam footage.

 

Why?  Your son needs to press that issue.  Body cam footage would unquestionably be discoverable, so there's no reason in the abstract why it can't be obtained.

 

 

14 hours ago, Glenda said:

Can I try to get it if he doesn't?

 

You can try anything you like, but you have no standing since you're not a party to the case.

 

 

14 hours ago, Glenda said:

Should this be done asap?

 

Yes.

 

 

8 hours ago, Tax_Counsel said:

His lawyer should not be discussing the details of the case with you. That may put at risk the attorney-client privilege.

 

As phrased, I disagree with this.  As you know, the attorney-client privilege is a rule of evidence that makes communications between a lawyer and client (and/or the agents of either) inadmissible.  Simply "discussing the details of the case" with someone other than the client would have no impact on the privilege unless one of the details discussed was a confidential attorney-client communication.  Moreover, the client's mother could, in some cases, be considered an agent of the client.

 

More to the point:  a public defender doesn't likely have the time to be discussing the case with the client's parent.

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1 minute ago, pg1067 said:

As phrased, I disagree with this.  As you know, the attorney-client privilege is a rule of evidence that makes communications between a lawyer and client (and/or the agents of either) inadmissible.  Simply "discussing the details of the case" with someone other than the client would have no impact on the privilege unless one of the details discussed was a confidential attorney-client communication.

 

I stated that the lawyer's discussion with the mother "may" put the attorney-client privilege at risk, not that it "would". Of course it matters exactly what the discussion is. But as you yourself note, it certainly may be a problem if the statements made to the mother implicate a confidential attorney-client communication. So I don't see what your disagreement is with my statement. It was accurate, just perhaps not as detailed as you would like.

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1 minute ago, Tax_Counsel said:

 

I stated that the lawyer's discussion with the mother "may" put the attorney-client privilege at risk, not that it "would". Of course it matters exactly what the discussion is. But as you yourself note, it certainly may be a problem if the statements made to the mother implicate a confidential attorney-client communication. So I don't see what your disagreement is with my statement. It was accurate, just perhaps not as detailed as you would like.

 

I disagree with the statement that the lawyer "should not be discussing the details of the case" with the OP and with the reason offered for that.

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Just now, pg1067 said:

 

I disagree with the statement that the lawyer "should not be discussing the details of the case" with the OP and with the reason offered for that.

 

Ah, then you are stating you have a different opinion on what the lawyer should do than I do. Fair enough. I've seen cases in the states where I practice where a lawyer inadvertently mentions something to a person other than a client that has the effect of disclosing a confidential client communication and thus blew the privilege. It can be very easy to do. And of course, there is the issue of potentially violating the attorney's duty of confidentiality, too. With those things in mind, the better practice in my view is for an attorney not to have conversations with friends and relatives of the client concerning the case unless such conversations are actually conducive to advancing the client's case. You might have a different view of what good practice is, of course.

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Doucar....Indiana..That's why I tagged the state...My son told him he needed to get it. He looked at him and said you can't..that's it...mind you he is a Public defender and the prosecution has already tried to get him to sign a deal..

 

 

Tax_counsel....I just might be able to under the open records laws here.  I'm not giving him legal advice, being his mother I do however have the right to tell him questions to ask his attorney..I was a witness in this case..I was also read my miranda and told I could be arrested also..I know what his PD is suppose to do..It took me going above the PD's head just to get him to visit my son and then for him to be disinterested in his case..I think not..Under the law he is entitled to the best defense as if my son was paying him and I will make sure it is done. Most PDs in Indiana DON"t do their job..I know..overworked..not my problem..

 

The PD is not discussing anything with me.. He just said he couldn't get it...I know why..state will have to pay 150.00 fee for it..that's why..I never said he didn't have a right to pull him over..I just know we were driving really slow..so that's why I questioned the speeding..that is all..

 

The needles were behind the drivers seat and were in a bag and in the bag they were in a SHARPS box for DISPOSAL..The cop played the game of phishing...and my son told him they were there and the officer opened the door and brought them out...opened the bag..raised the container up and smiled...then put it in HIS vehicle all before he wrote the ticket...He said in his sworn statement..that my son got them out for him...no he did not..I was there..why should anyone let this go and for him to take a charge for doing what was and is the right thing to do..I think not...

 

 

His attorney has not spoken to me...He was charged with possession...I am a witness to the case and his PD should be calling on me, just for that reason..He doesn't want to hear what my son has to say...and he is suppose too!! We was there for an hour...for a traffic stop...

 

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6 hours ago, Glenda said:

The cop played the game of phishing...and my son told him they were there and the officer opened the door and brought them out...opened the bag..raised the container up and smiled

 

The police have a right to go phishing and if a suspect is foolish enough to talk, then that suspect is likely to be doomed. Read "You Have the Right to Remain Innocent" by Law Professor James Duane.

 

https://www.amazon.com/s?k=you+have+the+right+to+remain+innocent&crid=RVGY6UF6SKY6&sprefix=You+have+the+ri%2Caps%2C229&ref=nb_sb_ss_i_1_15

 

6 hours ago, Glenda said:

...He said in his sworn statement..that my son got them out for him...no he did not

 

Actually, your son effectively "produced" the items so I don't see where the officer did anything that would get the needles suppressed regardless of how the report (which is not admissible) spins it.

 

6 hours ago, Glenda said:

I am a witness to the case and his PD should be calling on me, just for that reason.

 

You are hardly unbiased and your testimony isn't likely to be given much weight.

 

As for the body cam, if your son wants it, he will have to plead not guilty and go to trial to get it during discovery. Nobody's going to give it to him during plea negotiation, they are just going to scare him into a plea bargain.

 

If you aren't happy with his PD you are free to consult a private attorney.

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12 hours ago, Glenda said:

Under the law he is entitled to the best defense as if my son was paying him and I will make sure it is done.

 

Actually, he is not by law entitled to the best defense he can get. He's entitled to a competent defense. As the U.S. Supreme Court noted in a fairly recent case: "The lawyer has discharged his constitutional responsibility so long as his decisions fall within the 'wide range of professionally competent assistance.'” Buck v. Davis, 137 S. Ct. 759, 775, 197 L. Ed. 2d 1 (2017). You may, of course try to determine who some of the best criminal defense attorneys are in your area and hire one of them if you truly want the best defense for him. With the time and budget constraints PDs in your state have, he's unlikely to get the very best counsel. But he should get competent representation as that is what the law demands.

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