The Prosecutor as Investigator

In Florida, the state prosecutor has the power to investigate and gather evidence for potential criminal charges. This power is supported by state law and court decisions. The prosecutor is often referred to as a “one-man grand jury” and is responsible for both investigating and accusing individuals of crimes, within the limits of the law. In a Florida court case, the judges said that prosecutors can make people give their fingerprints and handwriting samples. They said this is important because sometimes people don’t want to help with investigations. Another case said that it’s okay for a prosecutor to question a witness with a police officer there. But the prosecutor can’t just let the officer do all the questioning. They have to be in charge and make sure the officer doesn’t take over. The state attorney has limitations on their power to investigate. They can only gather information that may lead to criminal charges. Prosecutors have a lot of leeway in their investigations, but they must show that the information they are seeking is relevant to a potential crime. Courts have to be careful not to interfere too much with the state attorney’s ability to investigate. If a prosecutor wants to get someone’s medical records for a case, they have to follow specific rules. The prosecutor has to give notice to the patient and the patient can object if they don’t want their records shared. Then there has to be a hearing to decide if the records are relevant to the case before the subpoena for the records is allowed. This is to protect people’s privacy rights. In a court case in Florida, the state tried to get someone’s medical records but didn’t follow the right steps to tell the person about it. The court said they were supposed to try harder to find the person’s address, like checking their driver’s license or asking the post office, but they didn’t do that. The Supreme Court said that if the state didn’t follow the rules for notifying people, they have to show they tried their best. Just because the state eventually does things right doesn’t mean they did it okay. In one case, the court said the state didn’t give the patient enough information in their notice, so they couldn’t use the evidence. In another case, a prosecutor wanted information about drugs from a rehab facility, but the court said no because of privacy laws. And lastly, the court said witnesses don’t have the right to have a lawyer present during questioning by the state attorney. In a court case, the judges decided that a witness had to testify even if their lawyer wasn’t with them, as long as the lawyer didn’t interfere with the investigation. This rule applies even if the prosecutor thinks the witnesses are colluding with their lawyer. In a specific case, the witnesses all had the same lawyer, and the prosecutor didn’t like that. But the court said the witnesses could have their lawyer with them, as long as the lawyer didn’t interfere. One question that came up was what to do if the lawyer for the witnesses also represents the defendant. The court didn’t have a clear answer for that. Once charges are filed in a criminal case, the prosecutor’s ability to get documents and statements from the defendant and defense witnesses is restricted. They can still talk to witnesses, but they can’t force them to give statements. There are rules and limitations for both the prosecution and the defense in a criminal case. In one case, a defense attorney tried to get information through a public records request instead of going through the proper legal channels, but the court said this was not allowed. Also, prosecutors have to be careful how they treat witnesses who don’t say what they want. If a witness testifies because they were told to, their statements can’t be used against them except in certain situations. It’s hard for the state to prosecute them for a crime based on what they said. In court, a prosecutor can tell a witness to tell the truth and explain the consequences of lying. But it’s not okay for a prosecutor to threaten a witness about their testimony. If a witness feels pressured to lie or stay quiet, it’s not fair to the defendant. In two cases, convictions were overturned because the prosecutor threatened witnesses. It’s important for everyone in court to be treated fairly and not feel pressured. The state can call a witness to testify in court, even if they are facing perjury charges. The prosecutor has a lot of power to investigate crimes, but they must also be careful not to use improper methods to get someone convicted. It’s important for attorneys to educate themselves about legal issues, like drug courts. And the state attorney’s actions shouldn’t be described as “secret” when trying to catch criminals. In a court case in Florida, it was decided that a witness doesn’t have to answer questions about private talks with a lawyer unless the client agrees. Before charges are filed, the state can make people give fingerprints without a court order, and this rule was changed later. In Florida, it’s against the rules for a lawyer to question someone who already has a lawyer, unless the other lawyer says it’s okay. Also, prosecutors can’t bring in a witness just to show that they were lying in the past, and can’t use a person’s statement if they deny making it. A lawyer named Mark F. Lewis has been working in Tampa for 20 years and wrote this information for a section on criminal law. To teach its members about their responsibilities to the public, make the justice system better, and improve the study of law.

Source: https://www.floridabar.org/the-florida-bar-journal/the-prosecutor-as-investigator/