People v. Gallego

I agree with the majority that as a general proposition "the police [lack] the authority to make a binding promise of immunity or not to prosecute.”1 Absent evidence that the police were authorized by the prosecutor to make such a promise, a police officer’s promise of immunity or not to prosecute cannot be enforced.

In the instant case, no evidence was offered that the police officer who entered into the agreement not to prosecute was expressly authorized or clothed with apparent authority2 to do so by the prosecutor. There being no evidence that the officer who entered into the agreement was…