Re: [infoguys-list] Question to Group... And to Bill Branscum and Bob Hrodey Specifically.
- Hello Ricky,
I believe that in such a case we are dealing with a beast with two
heads. the LEO being also a WITNESS. As such, information about
background that can be used to challenge testimony and/or evidence is
both appropriate and necessary as covered under discovery laws (see:
However, running a background check on a LEO just because the attorney
wants it, or for a non-attorney who does not a need to know for
purposes covered under discovery the rules of evidence might be a real
career ender ....
Saturday, January 21, 2006, 3:17:24 PM, you wrote:
> Hello all,--
> I have a question for the group. I have my own opinion on this
> question, but I'd sure like to "hear" a few others..
> Some states have laws against running background reports on Law
> Enforcement Officers and disseminating the information to another
> party, or laws similar to that effect, I am not sure that I gave the
> exact intent of the laws that I am posting about in the first part of
> this sentnece. Supposing you are in a state that does have a law such
> as this, would it be legal for you to run a background report on a Law
> Enforcement Officer if an attorney that you are working for on a
> criminal case requests this information from you as a part of his
> defense on said criminal case? If the Law Enforcement Officer
> discovers that you ran a complete background check on him and gave it
> to the defense attorney that was working as opposijng counsel to this
> Law Enforcement Officer, is there anything that said Law Enforcement
> Officer can do about this?
> I'd also like to specifically ask Bill Branscum and Bob Hrodey if
> they might reply with their opinions on this question, as I believe
> both of these individuals have specific related experience that give
> them a little more knowledge on how to advise me on this question than
> most people on this group.. Not to say that everyone's opinion here
> is'nt of value to me, please do feel free to respond with your opinion
> on this question.
> Thank you all for your opinions in advance.
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Ryugen C Fisher
-Serving our clients since 1984-
6:39:24 PM Saturday, January 21, 2006