How can you get a 911 call suppressed in a discovery motion in a DUI case?

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How can you get a 911 call suppressed in a discovery motion in a DUI case?

I made a 911 call on a dui some months back and just found out that the person was arrested and is now filling a motion for discovery. How can I keep that 911 call from being released? I now live with the person and if they find out, I can be sure to be homeless.

Asked on June 22, 2012 under Criminal Law, Tennessee

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The only person who can file a motion to supress is a party to the criminal action-- namely the defendant.  If the 911 call is relevant to the defendant's defense, then prosecutor is actually required to produce the 911 tape.  Your only realistic option is to talk to the prosecutor on this case, explain your situation, and see if there is something they can do to redact, by agreement, certain portions of the tape that would tip the defendant off about who you were.  This is not a guarantee and rarely happens, but it's your only option... so you'll just need to do what you can to talk to them.


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