If an officer failed to do so, the trial judge in the case would be required to instruct the jury of that fact.

But, he said, they and all the other officers in his chain of command failed to tell him.

There are times when the officers fail to speak as they ought.

No officer of the law, happening to drive past, would fail to give him special scrutiny.

But the investigation has not yet determined whether the officer had failed to take any action.

He says the judge threw out the complaint after the officer failed to show up for the hearing.

Some officers stay too long, fail to make the next grade, and are asked to leave quietly.

But the details of how they broke free and whether any officers failed to follow procedures were still unclear last night, the police said.

They include: Why did the officers fail to recognize one another?

The arresting officer failed to appear in court and the case was dropped.