johndoesmith
Junior Member
Hello,
An investigator of the Arizona Phoenix Police department was assigned to an insurance fraud case. The report from insurance department identified a suspected witness a court order was filed granting immunity to testify against the defendant. The investigator asked to search the defendant’s residence for suspected evidence. Defendant did not give consent requesting a lawyer and was arrested for insurance fraud charge. The investigator proceeded to search the residence without search warrant and stated in the police report “he believed car parts on the side of the house where from the defendant vehicle in question”. The defendant submitted receipts to insurance company of items upgraded on the car. Such receipts included the investigators suspected parts. No evidence was removed from the defendant’s residence. After many days of incarceration and improper treatment for medical disabilities the defendant pleaded guilty to one count of insurance fraud during criminal proceedings.
One year after the judgment the lead investigating officer on the case was arrested for 16 counts of fraud and tapering with evidence. Investigating officer admitted in court reports he did favors for people he liked by manipulating and using his power as an officer of the legal system. The lead investigator was sentenced to 10 years prison term. The defendant later discovered the investigator had relations with lead witness. The officer attended same church and his children went to school with lead witness. The officer lived less than one mile from lead witness in same zip code. The relationship to lead witness was never disclosed in police reports or defendant during investigation and court sentencings.
The defendant served the sentence and was released early for good behavior with no further issues with the law.
The question are:
1. Are their any legal issues with the above described case?
2. What Arizona revised statues where violated?
3. What constitutional rights where violated?
4. Could a motion be filled with court to reverse the judgment?
5. What types of motions could be filled in this case?
6. The defendant is looking to clear his record in Arizona to be a lawyer one day. What can be done to accomplish this goal?
7. Is there any similar case law situations as described above that would help with an argument supporting a reversal of judgment or be cleared?
Thank you for your time,
John Doe
An investigator of the Arizona Phoenix Police department was assigned to an insurance fraud case. The report from insurance department identified a suspected witness a court order was filed granting immunity to testify against the defendant. The investigator asked to search the defendant’s residence for suspected evidence. Defendant did not give consent requesting a lawyer and was arrested for insurance fraud charge. The investigator proceeded to search the residence without search warrant and stated in the police report “he believed car parts on the side of the house where from the defendant vehicle in question”. The defendant submitted receipts to insurance company of items upgraded on the car. Such receipts included the investigators suspected parts. No evidence was removed from the defendant’s residence. After many days of incarceration and improper treatment for medical disabilities the defendant pleaded guilty to one count of insurance fraud during criminal proceedings.
One year after the judgment the lead investigating officer on the case was arrested for 16 counts of fraud and tapering with evidence. Investigating officer admitted in court reports he did favors for people he liked by manipulating and using his power as an officer of the legal system. The lead investigator was sentenced to 10 years prison term. The defendant later discovered the investigator had relations with lead witness. The officer attended same church and his children went to school with lead witness. The officer lived less than one mile from lead witness in same zip code. The relationship to lead witness was never disclosed in police reports or defendant during investigation and court sentencings.
The defendant served the sentence and was released early for good behavior with no further issues with the law.
The question are:
1. Are their any legal issues with the above described case?
2. What Arizona revised statues where violated?
3. What constitutional rights where violated?
4. Could a motion be filled with court to reverse the judgment?
5. What types of motions could be filled in this case?
6. The defendant is looking to clear his record in Arizona to be a lawyer one day. What can be done to accomplish this goal?
7. Is there any similar case law situations as described above that would help with an argument supporting a reversal of judgment or be cleared?
Thank you for your time,
John Doe
