Saturday, October 18, 2014

Evidence / Destruction of Evidence / Spoliation of Evidence / Tampering with Evidence / Crime Scene / Preserve Evidence / Chain of Custody / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

Q:    Are the police allowed to delete part of the dash cam video of a traffic stop that lasted for over an hour including DUI testing.  The deletion is for 10-15 minutes and includes me asking them repeatedly for a blood test instead of the preliminary breathe test. They refused to allow me the blood test and I finally did the blow test.  They hid the deletion very well and only because I was almost sober that I remember the whole stop.  Who should I contact . Department of Justice, District Attorney, or other option.  Any help would be appreciated.

Michael Adam Haber


Contributor Level 20
Answered I am not a WI lawyer so I cannot comment on matters of WI law or procedure. However, had you asked this question in Florida, where I have been a practicing criminal defense attorney for 23+ years, then I would say that if your case is still open then you should contact your own lawyer. You absolutely unequivocally should not call the Department of Justice, District Attorney, or anyone other than your own lawyer.

No. I do not have to be a licensed WI lawyer to tell you that police are not allowed to pick and choose what evidence they collect, nor are they permitted to edit or effect or even censure it in any way, shape or form. The cops are stewards; obligated to meticulously care for, preserve, collect, maintain and present to the State's prosecuting authority everything, just as it was whence they found it. Anything less than absolute perfection in this process results is contamination and forms the basis for a motion to suppress, dismiss and possible for sanctions.

The "remedy', if there is one, is to be sought and achieved by your lawyer and your lawyer only.

If your case is closed and you are seeking post-conviction advise then you should speak to an appellate lawyer about possible remedy / grievance that you may have.

I hope that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) 

Established in 1991, Michael A. Haber, P.A. has an unblemished record of providing creative, effective and zealous representation to clients, primarily in South Florida, on a wide variety of criminal matters ranging from DUI to drug trafficking and from misdemeanors to first degree murder. 

At Michael A. Haber, P.A. "Its all about reasonable doubt"!

Michael A. Haber, Esq. is prepared to speak with you about your case!

1-888-SHARK-8-1, 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

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