On some occasions, the defense attorney may summon a police officer as a witness on the defendant's behalf. If the officer is subpoenaed by the defense, what should the officer do?
A) If the subpoena is not quashed, the officer is obligated to appear and testify.
B) The officer should notify his supervisor and the prosecution and ignore the subpoena.
C) The officer should state the following to the defense attorney, either verbally or in writing: Based on the rights guaranteed by the Fifth Amendment, I refuse to testify or make any statement, or answer any question you may ask and thereby provide you notice that I will not testify at said hearing.
D) The officer should show up in court and notify the judge that he refuses to testify on behalf of the defendant.
Question 2
Defense attorneys frequently attempt to interview police officers about a case in the hope of developing information that will enable them to achieve a favorable result for their clients. What is the guideline regarding such interactions between police officers and defense attorneys?
A) Communication is allowed but it must be documented and provided to the prosecutor prior to trial/motions.
B) Communication is allowed but should be limited to factual inquiries regarding readiness, witnesses, and availability of evidence.
C) There should be no communication between officers and defense attorneys regarding pending criminal cases without the express approval of the prosecutor's office.
D) Communication between officers and defense attorneys regarding pending criminal cases is always allowed and is usually encouraged as long as the prosecution is notified of such exchanges.
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