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A Police Officer that refuses to respond to a subpoena may be held in contempt of court. However, there are multiple types of subpoenas. Most times subpoenas are issued via an attorney or the clerk of courts. These are formal documents requesting your appearance at the time and date listed. If a subpoenaed party does not turn up, an attorney may request the court compel or demand the parties appearance.

If the judge agrees that the order is necessary, he will sign the order and service will be made. If service is made and the party still fails to show, the judge may issue a contempt order and a warrant for the contemptuous persons arrest.

However, a more seasoned attorney (specially those on behalf of defendant in the case) can use an officers refusal of a subpoena as the state has no case. He can either motion for the above action or seek dismissal of the case on the grounds that the state has no complainant.

The state has no complaint because the Officer, or complainant, the person whom observations led to the bringing of an action, cannot speak before the court. The prosecution cannot admit testimony (and the officers observation is typically the only evidence in many cases) if the defense cannot cross examine them with the exception of certain dispositions).

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8y ago
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13y ago

No. Police officers must respond to subpoenas like anyone else, or risk being held in contempt of court.

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Q: Can a police officer refuse a subpoena and not show at court as a witness?
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