What happens if the arresting officer on a drug search warrant no longer works for department?

Question

What happens if the arresting officer on a drug search warrant no longer works for department?

Answer 1

He will still half to appear in court for that case.

Answer 2

He doesn't have to be in service to testify as to what he saw and why he acted the way he did.

1) He may not be a necessary witness.  The arresting officer is often a pre-designated person, somebody on a team who gets to have a title with a lot of administrative responsibility - but that doesn't necessarily mean that he will have been the only witness (or a witenss at all) of crucial information, like what drugs were recovered, where, whether the defendants made any incriminating commenst that tied them to the drugs, or whether mail or other physical evidence linked them to the location of the warrant.  Search warrants involve a large number of people - there is the entry team, and then there are the guys who actually do the searchin.  And I do mean guys.  Between the size of some apartments and the sophisticated ways that stuff is hidden, SW teams can be very elaborate in composition - and there's no telling which of these guy swill make the arresting officer's presence at trial unneccessary.  A defense attorney might make a lot of noise about how the prosecutors managed not to have the arresting officer, but unless he can establish that this witness might have had some adverse effect on the prosecutor's case, it's just noise.

2) If they need him, they can try and subpoena him.  If he's out of state and retired, they might try and get him back.  It depends on the officer and the importance of the case - and also on the prosecutor's convincing skills.  In 2001, the summer before 9/11, an NYPD sergeant mowed down a few people in a horrible drunk-driving accident.  Brooklyn prosecutors charged him with homicide in addition to DWI.  To get an expert opinion from an accident investigatior, they probably had their pick of any number of adequate guys.  Instead, they got some guy from Ireland who was retired, and they ended up getting a conviction.  You can never be surprised as to the ends those meddling prosecutors will go for a conviciton.

Answer 3

Well, he will be subpoenaed and still come to testify. He will not have a choice. If he does not show up for the subpoena, he will be arrest for contempt of court.

You will not get off just becasue he doesnt work there anymore!

Answer 4

Nothing.  The person will still testify in court against you, just as a civilian.  Happens all the time due to retirements, changing jobs, etc.

Answer 5

officerkrc is correct.  Nothing changes as far as the bust goes.  The only difference is instead of being in uniform, the former officer will be in regular clother.