If the police are presented with evidence of a crime, are they allowed to ignore that evidence?

Say a crime is caught on tape. A person consults with an attorney, who says there is a legal basis for criminal charges. The person then brings that video to the police, who watch it, but refuse to file charges. Are the police legally allowed to ignore evidence like this?


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Most Helpful Guy

  • It is the county prosecutor or typically an Assistant District Attorney, not the police that decide and it's a judgment call. Prosecutor's typically like to try "winnable" cases and they sometimes avoid a case with legal merit because there would not be public support.

    You may be able to shame the ADA into action if you go public with the video on Youtube and point out his/her inaction.

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What Girls Said 1

  • No. They are not. That's illegal. They're also not allowed to make evidence "disappear"... but it does happen.

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What Guys Said 1

  • If that evidence was obtained illegally... then no he can't use it. All evidence used in trial must have been retrieved within the discovery phase. Or else it can't be used.

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