Policy Text
TRAINING BULLETIN
Evaluation Coordinator: Commander
Automatic Revision Cycle: Years
partment Training Bulletins shall be used to advise members of current police techniques and
procedures and shall constitute official policy.” Index Number: II-B.1
Alpha Index: Testimony in Court Date of Issue / Revision
11 May 01
“De
Giving Testimony in Criminal Court
Introduction
The prosecutorial function of the criminal justice sy stem is just as important as its investigative,
enforcement, and custodial functions.
Preparation for a case begins with the action taken by the first officer to ar rive at the scene, who
may well be a future witness.
All pertinent details need to be recorded in the appropriate police report or in the officer's
notebook to minimize potential problems of recollection when the officer is called to testify
months or, in some instances, years afte r the suspect's commission of the crime.
In order to effectively provide test imony in court, an officer must review the faces of the case prior
to trial; understand his or her role as a witn ess; and exhibit professionalism, impartiality, and
truthfulness tin the stand.
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Consultation with Prosecuting Attorney
When subpoenaed as a witness and before his or her appearance in court, an officer contacts the
prosecuting attorney to discuss the upcoming testimony.
In cases scheduled for jury trial or in other cases deemed significant, a subpoena will contain a
notation requesting such a conference.
An officer's consultation w ith a prosecution attorney is part of the routine pre-trial preparation. An
officer's attempt to evade a question asked by th e defense attorney on this subject during trial
could raise suspicion in the jury and damage an officer's credibility. Officers should not hesitate to
admit reviewing their reports and discussing the case with the prosecuting attorney before giving
testimony.
While officers should inform the prosecution duri ng conference of any weaknesses, if any, they
are aware of in the prosecution's case, they should not attempt to direct the activities of the prosecuting attorney.
In some cases, the strategy of the prosecution's cas e may be predicated upon an officer's arrival as
a witness. It is conceivable that the prosecuting a ttorney may not wish an officer to be seen by the
defense attorney or jury until a particular phase of the trial has been reached.
Consultation with Defense Attorney
When preparing a case, a defense attorney may request an officer come to the defense attorney's
office to discuss the case (a request an officer may refuse), or the defense attorney may subpoena
an officer to testify for the defense.
Manual of Rules Section 398.32 reads as follows regarding this matter:
Any member or employee subpoenaed to testify for the defense in any trial or hearing
or against the City of Oakland or Department in any hearing or trial shall notify his/her
Division Commander upon receipt of the subpoena. He/she sha ll also notify the District
Attorney or City Attorney's O ffice, whichever is appropriate.
Attorneys may make use of many different avenues of inquiry in order to gain information for use
in defending their clients, ranging from research of the law to casual conversations. An officer's
seemingly inconsequential remarks, as well as more formal discussions of the case, may be used in
court.
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DATE ● Oakland Police Department
Promptness in Court
The prosecuting attorney formulat es the strategy of the case, determines the sequence of witness-
es, and informs officers of the times they may anticipate being called as witnesses.
Appearance in court at the appointed time is important. 1n fact, tardiness may cause the entire case
to be delayed or dismissed, particularly if the testimony of other witnesses is inadmissible until an
officer's testimony is heard.
If an officer is unavoidably delayed or cannot appear as directed, he or she shall telephone the prosecutor before trial the begins or, if the trial has already started, notify the court clerk by tele-
phoning the Criminal or Traffic Court Clerk's Offi ce and requesting to speak with the clerk in the
assigned courtroom.
Attire in Court
An officer's sloppiness in attire in the courtr oom reflects not only on the reputation of the
Department but on the officer's credibility as a witness.
Attendance in court is an official duty assign ment. When making an appearance, officers shall
wear either the official uniform or business attire in accordance with the provisions of Department
General Order C-1, Uniforms and Equipment.
Members shall present a neat and clean appearance and avoid any behaviors such as chewing gum
or reading a newspaper that might imply disrespect for the court.
Here are some additional guidelines regarding attire in court:
• Consult with the prosecutor to determine if a un iform or business attire is more appropriate.
• Do not wear the utility uniform or nylon "raid" jacket.
• If in uniform, make sure all leather equipment and shoes are shined.
• If in uniform, make sure the uniform is clean and pressed.
• If in business suit, do not display weapons, handcuffs, or cartridge cases.
• If carrying a pager and/or cellu lar phone, turn them off.
Some judges believe that the presence of a weapon in the courtroom-even if carried by uniformed
police officer-taints the proceedings with a coer cive atmosphere. For th is reason, judges may
forbid officers to carry firearms inside their co urtrooms. If a judge instructs you not to bring a
firearm into the courtroom, you must comply with the court's instruction. Do not show annoyance
or displeasure. In a court room, a judge's authority is absolute an d supersedes Department uniform
and equipment regulations.
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