Los Angeles, CA asked in Criminal Law for Arizona

Q: I would like to know if the following situation is considered a conflict of interest in Arizona.

One of the detectives on a murder case is the blood related first cousin of one of the suspects or persons of interest. They have conversations regarding said case, some on the record some off. Is this a conflict of interest because of the family relation? Thank you in advance!

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1 Lawyer Answer
Mike Branum
Mike Branum
Answered
  • Criminal Law Lawyer
  • Saint George, UT
  • Licensed in Arizona

A: "Conflict of interest" in the legal sense is different from the common way the phrase is used. I presume what you really want to ask is "can I get the detective in trouble / thrown off the case because I think their cousin killed my friend?" The short answer is probably not. The only way this would likely become relevant would be if someone else was charged with the crime and THAT person's defense attorney's theory of the case was that the detective's cousin was the murderer and the detective deflected interest off their relative and charged an innocent person instead.

So, the short answer is: no, it is not a "conflict of interest" in a legal sense for a detective to continue to investigate a crime when a relative is involved. If the detective is sharing information with the suspect, it could, however, be a violation of department policy and/or a crime.

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