My brother was stopped for DUI while driving home from work. Officer claimed he had been watching him swerving, almost knocking over mail boxes. My brother passed field sobriety, (he had NOT been drinking) and was shocked when he was handcuffed and thrown in police car. Officer was aggressive and abusive, so when they got to station my brother asked for attorney and refused breathalizer. His attorney was skeptical and sent for dash cam video . We were in his office and viewed the tape. Attorney was "shocked", (his words). My brother was telling the truth. Tape shows my brother was not driving erratically, and officer's aggressiveness. Officers written statement completely different than the tape. Now prosecutor wants tape suppressed. Brother NEVER arrested in past. Can they do that?
Prosectuion can certainly ask to have it suppressed, but it is up to a judge. You attorney should be able to play the tape as part of his request to suppress the whole stop and have the matter tossed out of court. Sounds like a bad cop, who just took it out on your brother.
The tape constitutes exculpatory evidence (evidence that goes towards your brother’s innocence). It is absolutely discoverable and cannot imagine a judge suppressing such evidence (reversible error). Normally judges sign entries submitted by defendants ordering that such evidence be preserved. Suppression motions are filed to suppress evidence tainted by law enforcement’s violation of your brother’s constitutional rights (unreasonable search and seizure actions), not protect the State’s ability to prevail at trial.
This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. The answer presumes you are not currently represented by an attorney who knows your specific circumstances.