A prosecutor learns that a crucial piece of evidence, previously presented to the grand jury, was obtained through a search warrant that was later deemed invalid by an appellate court in an unrelated case. The prosecutor believes that without this evidence, there is insufficient probable cause to proceed with the indictment. What is the prosecutor's ethical obligation?
- ATo proceed with the prosecution, as the grand jury already found probable cause.
- BTo disclose the invalidity of the warrant to the defense counsel and the court.
- CTo move to dismiss the indictment if there is no probable cause without the tainted evidence.
- DTo seek a new indictment using only untainted evidence.
Show answer & explanationAnswer & explanation
Correct answer: C. To move to dismiss the indictment if there is no probable cause without the tainted evidence.
A prosecutor has a special responsibility to do justice, not merely to advocate. If a prosecutor knows that an indictment is not supported by probable cause, they must promptly disclose that fact to the tribunal. In this case, if the invalidity of the warrant means there is no remaining probable cause, the prosecutor's obligation is to move to dismiss the indictment.
Why the other options are wrong
- A. The grand jury's finding of probable cause is based on the information presented; if that information is now known to be invalid and insufficient, the prosecutor cannot ethically proceed.
- B. While disclosure is part of a prosecutor's duties, if the lack of probable cause is definitive, the stronger obligation is to seek dismissal, not merely disclosure.
- D. Seeking a new indictment is an option if sufficient untainted evidence exists. However, the question states there is *insufficient* probable cause without the tainted evidence, making dismissal the more direct and immediate ethical duty.
Prosecutor's Duty (Justice)
A prosecutor has the responsibility of a minister of justice and not simply that of an advocate. This includes refraining from prosecuting a charge that the prosecutor knows is not supported by probable cause.
- Must not prosecute without probable cause.
- Must make timely disclosure of exculpatory evidence.
- Seek to remedy convictions based on false evidence.
Memory trick: Justice first, advocacy second, for the prosecutor's true quest.