POLICE Logo
MenuMENU
SearchSEARCH

Courtroom Conduct

After all you've gone through to make the collar and get the case prosecuted, the last thing you need is to cause a mistrial because of some miscue around the courthouse when your arrestee is on trial.

June 1, 2004

After all you've gone through to make the collar and get the case prosecuted, the last thing you need is to cause a mistrial because of some miscue around the courthouse when your arrestee is on trial. It doesn't have to happen, but sometimes it does.

Keep in mind that anyone you encounter around the courthouse might turn out to be a juror, a witness, a defense investigator, the defendant's family member, a lawyer, or even a judge. Your conduct toward others, or in their presence, can either help or hurt, depending on things you say and do.

Ad Loading...

For example, your courtesy (or discourtesy) in the parking lot, the doorway, the elevator, the cafeteria, the restroom, or the hallway may be seen or heard by someone with an interest in your case. What kind of impression would that make? Would it be positive, or might your conduct and comments offend a potential juror? Assist the defense? Annoy the prosecutor or the judge?

Dos And Don'ts

Here are a few basic reminders, because not all officers get to court on a regular basis. In some jurisdictions and assignments, you might not testify more than once or twice a year. So it's important to refresh your training periodically, just so you don't forget and say or do the wrong thing, at the wrong time, in the wrong place.

  • Be punctual. Judges do not like to be kept waiting, and they hate to keep a seated jury waiting. If you're scheduled to be at court at a particular time in the morning or after the lunch recess, show the judge and jury you respect their time by making sure you're where you're supposed to be. In case of unavoidable delay, call the court immediately and explain why you're late and when you'll be there.

  • Practice courtesy. The person walking through the door you hold open may become the forewoman on your jury. Your "Good morning" greeting may be returned by a visiting judge who gets assigned to your case.

  • Avoid controversy. Engaging in discussions around the courthouse about such things as politics, religion, or volatile issues might have the potential to alienate half of those who hear your comments just before they are called into the jury box or the witness stand.

  • Gag yourself. In high-profile cases, it's not uncommon for the judge to issue a "gag order" to prevent the attorneys, parties, and witnesses from making public comments on the case. Even if the judge doesn't do this in the case that brought you to the courthouse, you should observe a similar restriction.

Be careful what you say while waiting in the hallway. For example, what if you say something to a fellow officer about the case and someone connected to the defense overhears you? Have you revealed the prosecutor's trial strategy to the other side?

Ad Loading...

What if a juror or another witness hears your statements? Have you created grounds for a mistrial?

What if the young man or woman you take to be an inquisitive college student is actually the new reporter for the local newspaper or television station? Will the chief or sheriff be happy seeing your quotes in print or hearing them on the nightly news?

Unless you can be sure no one is within earshot, it's best not to talk about your case that's on trial, except from the witness stand. (In many cases, the court will issue an order to all planned witnesses not to discuss the case with other witnesses.)

  • Conceal evidence. If you've been asked to bring physical evidence to court with you, use an appropriate container to prevent passersby from seeing it. If you have a bloody shirt or a sawed-off shotgun across your lap in the waiting area or the courthouse snack shop, potential jurors might be exposed to it before it's introduced in evidence. (And if the judge excludes the evidence, the prejudice has already been created.)

  • Don't argue. If the prosecutor or the defense attorney (or their investigators or associates) engage you in observable discussions, arguments cannot help. Arguing with the prosecutor could make observers doubt either your credibility or the prosecutor's; arguing with the defense could make it appear you have a strong bias that destroys your objectivity. Suggest that the discussions be moved to a more private location.

  • Dress right. If you're on duty, wear your uniform only if the court allows it and if the prosecutor has no objections (a trial for resisting arrest, for example, may be the wrong place for a vested officer with a gun, pepper spray, baton, cuffs, and Taser jangling from a Sam Browne belt). Usually, a business suit or blazer is the most appropriate dress for both male and female officers.

If you're working an undercover detail that requires you to look like the people you investigate, take an early opportunity to explain your appearance to the jury.

Ad Loading...

Direct Communication with Jurors

Perhaps the thing that's most likely to torpedo your case in the middle of trial is unauthorized communication with members of the jury. Again, this is a basic lesson that sometimes just doesn't register. The recent reversal of a life sentence for a recidivist burglar in the case of Caliendo v. Warden illustrates the problem.

In 1892, the U.S. Supreme Court cautioned witnesses against talking to jurors while a case is on trial. "Private communications, possibly prejudicial, between jurors and third persons, or witnesses, or the officer in charge, are absolutely forbidden, and invalidate the verdict, at least unless their harmlessness is made to appear." (Mattox v. U.S.)

This ancient case was cited in 2004 by the federal appeals court in Caliendo because the investigating officer had talked to three jurors for about twenty minutes during a recess. Even though these discussions (about baseball, exercise, and the officer's workload) did not relate to the case, the court held that the extended conversation might have caused the jurors to place greater credence in the officer's testimony than they otherwise would have. Since the prosecution did not show that no prejudice resulted, the conviction and life sentence were set aside.

Obviously, it is not possible to avoid all contact with jurors. The Caliendo decision acknowledged that "certain chance contacts between witnesses and jury members-while passing in the hall or crowded together in an elevator-may be inevitable." No presumption of prejudice arises from "de minimus communication," such as greetings or giving directions.

Ad Loading...

In smaller jurisdictions, police officers may be personally acquainted with most of the citizens, making chance public meetings with a juror difficult to avoid. But whether in the courthouse or the convenience store, officers who confront jurors on an ongoing case must resist the temptation to talk to them-about anything-until the case is over. If the juror attempts to extend a conversation beyond a polite greeting, an officer might simply say, "I'm sorry, but we're not supposed to talk to each other until the trial is over." (Anything that might appear improper should be promptly reported to the court.)

The bottom line: Disciplined, thoughtful behavior not only helps prevent courthouse issues, but also helps build community goodwill and reduces complaints. It's a good idea, anytime, anywhere.

Devallis Rutledge is the author of 10 police books, including "Courtroom Survival, The Officer's Guide to Better Testimony."

Ad Loading...
Subscribe to our newsletter

More Patrol

black background width image of police lights in middle and headline Dashcam Video Officers rescue Man from Burning Car
PatrolNovember 17, 2025

Dashcam Video Shows Officers Rescue Man from Burning Car

Dashcam video released by a New Jersey police department shows two of its officers rescuing an unconscious man from a burning car after a crash.

Read More →
blue background with image of a red dot sight and also second image of the red dot on a handgun lower right
PatrolNovember 17, 2025

Aimpoint COA optic + A-CUT Named Red Dot of the Year

The Aimpoint COA optic + A-CUT system has been named Red Dot of the Year by Guns & Ammo magazine. The new optic system was introduced in January 2025.

Read More →
Thumbnail for video series POLICE From the Show Floor, with headline text featuring Axon
Patrolby Wayne ParhamNovember 16, 2025

From the Show Floor: Axon

Join POLICE as we visit with Abi Stock, of Axon, to learn about the company’s latest technology offerings, such as Axon Assistant, Form One, and the DFR integration with Skydio.

Read More →
Ad Loading...
side view of a ballistic helmet in studio setting, black background, with sparks and smoke
PatrolNovember 16, 2025

Back Face Deformation, Brain Injury and Ballistic Helmets – Why the “Dent Doesn’t Matter” Claim Ignores Science

Alex Poythress, co-founder and CEO of Ballistic Armor Co., explains why ballistic helmet buyers should insist on full test data, including BFD measurements, standoff distance, and padding configuration, rather than rely solely on penetration ratings.

Read More →
Pink Streamlight Wedge XT flashlight.
PatrolNovember 13, 2025

Streamlight Marks 15 Years of Support for Breast Cancer Research Foundation With $20k Donation

In its 15th year of supporting the Breast Cancer Research Foundation, Streamlight donated $20,000 to help in the fight against cancer. Donations were generated through the sale of special Wedge XT models and other pink flashlights.

Read More →
center circle image of PTSD Help Expanded surrounded by military and first responder images
PatrolNovember 11, 2025

Police-Led Mental Health Charity Expands to Include Veterans

Talk To Me Post Tour (TTMPT), a non-profit organization that has been providing peer-support programs and professional psychological support for first responders, is now expanding services to military veterans.

Read More →
Ad Loading...
police officer holding a folded flag and headline for Officer Killed
PatrolNovember 10, 2025

WakeMed Campus Police Officer Killed in Hospital Shooting

A WakeMed Campus Police Officer died after being shot in the lobby of the emergency department at a North Carolina hospital over the weekend.

Read More →
Black background with blue graphic outline of state of Florida and headline Video Released: barricaded Suspect Falls Through Ceiling and Into SWAT Custody.
PatrolNovember 10, 2025

Video Shows Barricaded Suspect Fall Through Ceiling and Into SWAT Custody

Deputies in Indian River County, Florida, apprehended a suspect after he fell through the ceiling with SWAT members waiting below. The sheriff’s department released video of the apprehension.

Read More →
thumbnail for video series POLICE From the Show Floor featuring T2 Systems.
Patrolby Wayne ParhamNovember 10, 2025

From the Show Floor: T2 Systems

Learn about T2 Systems and its electronic parking enforcement solutions. Retired Chief John Holland outlines the benefits of using such a system to manage parking enforcement.

Read More →
Ad Loading...
view of a mobile observation trailer deployed in a parking lot against a blue sky
Patrolby Wayne ParhamNovember 10, 2025

Texas Police Department Adds Reconview Tower

A Texas police chief shares how the Decatur Police Department will use its new Reconview observation tower.

Read More →