State v. Memmer, Unpublished Decision (6-25-1999)
State v. Memmer, Unpublished Decision (6-25-1999)
Opinion of the Court
CRIMINAL/EVIDENCE
Pursuant to Evid.R. 601(C), a police officer is not competent to be a witness if he was on duty for the exclusive or main purpose of enforcing traffic laws where the officer arrests a person for a traffic law violation when, at the time of the arrest, he was not using a properly marked motor vehicle or he was not wearing a legally distinctive uniform. Within the meaning of this rule, a uniform worn by a canine-handling officer consisting of black boots, black pants, and a black polo shirt with a large silk-screened insignia identifying the officer as a police officer qualifies as a "distinctive uniform."
Case-law data current through December 31, 2025. Source: CourtListener bulk data.