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Arresting officer in my case was "arrested himself" for assualt.

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TravisB1989

New member
On April 30th I was arrested by srgnt (name removed) of (name removed) PD. He pulled me over for "failure to maintain right of center" he held me and my friend there for over an hour despite repeated requests to leave, and asking if I was being cited. I video taped the whole thing. They stopped me at 4:50 pm, held my for a half hour before even calling for a K9. On the documents he lied about the time. He reported that he stopped me at 5hip:17pm because at 5:50pm the K9 arrive. At 6:20 I was finally arrested after drugs were found in my car. He lied about the reason for the stop ( I was not swerving) he lied about the start time of the stop, so he could justify holding me for over an hour. Finally, 3 weeks later, he himself was arrested while on duty for assault, and misconduct. He was booked at the city jail, and posted bail. He was suspended without pay pending investigation and court date. My court date is today at 8:30 AMD I'm wondering what will happen?
 

quincy

Senior Member
On April 30th I was arrested by srgnt [name removed] of the [name removed] city [of Maryland] PD. He pulled me over for "failure to maintain right of center" he held me and my friend there for over an hour despite repeated requests to leave, and asking if I was being cited. I video taped the whole thing. They stopped me at 4:50 pm, held my for a half hour before even calling for a K9. On the documents he lied about the time. He reported that he stopped me at 5hip:17pm because at 5:50pm the K9 arrive. At 6:20 I was finally arrested after drugs were found in my car. He lied about the reason for the stop ( I was not swerving) he lied about the start time of the stop, so he could justify holding me for over an hour. Finally, 3 weeks later, he himself was arrested while on duty for assault, and misconduct. He was booked at the city jail, and posted bail. He was suspended without pay pending investigation and court date. My court date is today at 8:30 AMD I'm wondering what will happen?
Real names should not be used on this forum - for your protection and the protection of those you are speaking about.
 

Just Blue

Senior Member
On April 30th I was arrested by police officer of a Maryland (edited out id'ing info) PD. He pulled me over for "failure to maintain right of center" he held me and my friend there for over an hour despite repeated requests to leave, and asking if I was being cited. I video taped the whole thing. They stopped me at 4:50 pm, held my for a half hour before even calling for a K9. On the documents he lied about the time. He reported that he stopped me at 5hip:17pm because at 5:50pm the K9 arrive. At 6:20 I was finally arrested after drugs were found in my car. He lied about the reason for the stop ( I was not swerving) he lied about the start time of the stop, so he could justify holding me for over an hour. Finally, 3 weeks later, he himself was arrested while on duty for assault, and misconduct. He was booked at the city jail, and posted bail. He was suspended without pay pending investigation and court date. My court date is today at 8:30 AMD I'm wondering what will happen?
It is unwise of you to post the name off the officer.

With that said...You really need to discuss this with your attorney. If the officers actions, weeks later and not involving you, might color the case against you the Attorney will use that in your defense. For your own good...don't discuss your case on the net or with anyone except your attorney.
 

quincy

Senior Member
The officer who stopped you was arrested on an unrelated charge so it might have no affect on your stop and arrest and drug charge.

If you do not have an attorney for your appearance at 8:30 today, you should plead not guilty and another hearing will be scheduled. If you cannot afford an attorney, you should request that one be appointed.

Speak ONLY to your attorney. Do not make the State's job easier by admitting guilt or speaking publicly about what happened. Exercise your right to remain silent.
 

LdiJ

Senior Member
The officer who stopped you was arrested on an unrelated charge so it might have no affect on your stop and arrest and drug charge.

If you do not have an attorney for your appearance at 8:30 today, you should plead not guilty and another hearing will be scheduled. If you cannot afford an attorney, you should request that one be appointed.

Speak ONLY to your attorney. Do not make the State's job easier by admitting guilt or speaking publicly about what happened. Exercise your right to remain silent.
The officer will not be available in his capacity as a police officer, to testify. He is suspended. Depending on what happens in his case, he may never be available to testify in his capacity as a police officer. Therefore, his arrest may very well have a significant affect on the OP's charges.
 

quincy

Senior Member
The officer will not be available in his capacity as a police officer, to testify. He is suspended. Depending on what happens in his case, he may never be available to testify in his capacity as a police officer. Therefore, his arrest may very well have a significant affect on the OP's charges.
The officer was suspended. The investigation into assault and misconduct might be complete and the officer might no longer be suspended. He could have been at today's hearing. There were also officers who conducted the K-9 search that resulted in the discovery of drugs in the vehicle and they could have been at the hearing.

Travis might know soon where he stands if he doesn't know already.
 

LdiJ

Senior Member
The officer was suspended. The investigation into assault and misconduct might be complete and the officer might no longer be suspended. He could have been at today's hearing. There were also officers who conducted the K-9 search that resulted in the discovery of drugs in the vehicle and they could have been at the hearing.

Travis might know soon where he stands if he doesn't know already.
Its true that he might already know where he stands, however, if probable cause for the stop cannot be established (which requires the original officer's testimony) then the K9 evidence is likely going to get tossed.
 

Zigner

Senior Member, Non-Attorney
How does his subsequent arrested bar him from testifying to the events?

Of course, bringing a (possibly) discredited officer in to testify has its downsides, but there is nothing that would prevent the state from doing so.
 

quincy

Senior Member
The arresting officer's own arrest might have made the prosecutor's job more difficult but it does not mean the officer's stop and arrest of Travis was without cause or the search of the vehicle illegal.

What the arrest of the arresting officer does do is provide the defense attorney with another area of defense to explore and perhaps capitalize on.
 

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