Azle, TX asked in Criminal Law for Texas

Q: The officer who searched my car has since been arrested for tampering with evidence. Can my case be dismissed?

He was not the arresting officer but searched my car.

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1 Lawyer Answer

A: The prosecutor decides whether or not to dismiss in a situation like this. Depending on the circumstances of the officer's arrest, your criminal defense attorney may attempt to sway the prosecutor's decision by suggesting that the searching officer might have planted the evidence against you, or at least that there is reasonable doubt that this may have happened. Your attorney might go so far as to ask the judge to suppress the evidence against you... but again that depends on what the searching officer allegedly did in that other case. Bottom line is that you'll need to ask your own criminal defense attorney how (and if) the searching officer's behavior in an unrelated case could help your case.

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