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Message
1
Posted on 3/22/14 at 5:46 pm to crimsonian
If you refuse the Field Sobriety test, your driving privileges in Louisiana are statutorily suspended for 6 months.
How come Les Miles can run STOP signs on ESPN with impunity?
Eat the Rich!
How come Les Miles can run STOP signs on ESPN with impunity?
Eat the Rich!
Posted on 3/22/14 at 5:46 pm to theenemy
Let me give you cop haters a scenario.
Husband kills wife in their house. Cops arrive and arrest the husband. They are conducting an investigation at the scene. Lawyer shows up and says stop the investigation. I guess the cops must leave and stop the investigation?
Husband kills wife in their house. Cops arrive and arrest the husband. They are conducting an investigation at the scene. Lawyer shows up and says stop the investigation. I guess the cops must leave and stop the investigation?
Posted on 3/22/14 at 5:47 pm to soccerfüt
So she has her license because they shut the lawyer up?
Posted on 3/22/14 at 5:48 pm to crimsonian
Also, I should point out Miranda rights do not apply during a traffic stop.
Posted on 3/22/14 at 5:49 pm to theenemy
quote:
and if she was arrested
She wasn't.
Posted on 3/22/14 at 5:50 pm to tigercraig
He got screwed and was stupid at the same time... He should have stayed in the car...........
Posted on 3/22/14 at 5:50 pm to crimsonian
It is not the lawyer that stops the investigation but if the husband says he wants to speak to his lawyer and cop continues to question him, nothing husband says will be admissible. I'm not going to waste my time citing case law but there is plenty saying this is so.
Posted on 3/22/14 at 5:51 pm to theenemy
Apology accepted.
Agreed that the law supports it, but I think this is a grey area due to whichever really happened first...DD invoking counsel but cop used the investigation as his loophole, or passenger interfering with a legit investigation without the officer's knowledge that passenger is, in fact, her counsel (assuming she invoked) The latter seems to be the long shot.
To be fair though, the way the law is written can also support cops who want to be dicks. If the officer asks a question to the driver, but the passenger coughs and the officer didn't hear the answer...could be interference.
Agreed that the law supports it, but I think this is a grey area due to whichever really happened first...DD invoking counsel but cop used the investigation as his loophole, or passenger interfering with a legit investigation without the officer's knowledge that passenger is, in fact, her counsel (assuming she invoked) The latter seems to be the long shot.
To be fair though, the way the law is written can also support cops who want to be dicks. If the officer asks a question to the driver, but the passenger coughs and the officer didn't hear the answer...could be interference.
Posted on 3/22/14 at 5:52 pm to theenemy
quote:
No, the attorney should have that test suppressed in court
True, but have you ever true to have something suppressed in court? It's very difficult.
Posted on 3/22/14 at 5:53 pm to tdg
That does not stop the "investigation". Of course the questioning of the client could stop. What about the friend that is a witness? Can they keep investigating by getting a statement from that person? YES!! Investigation is not over.
Posted on 3/22/14 at 5:53 pm to Chaos Six
Driver cannot invoke counsel until she is placed under arrest. The SFST is done before the arrest.
So invoking council is moot.
**Been a long time, since working patrol and I had to double check that or I would have posted it earlier.**
So invoking council is moot.
**Been a long time, since working patrol and I had to double check that or I would have posted it earlier.**
Posted on 3/22/14 at 5:56 pm to biglego
quote:
True, but have you ever true to have something suppressed in court? It's very difficult.
What? Things get suppressed in court often.
Posted on 3/22/14 at 5:56 pm to theenemy
Did will cover run this car down and call the cops as well?
Posted on 3/22/14 at 5:58 pm to The People
quote:Likely bullshite.
In so many words, yes, it is. We both know that had this guy been a professional about this matter, not to mention sober, he would not have been charged.
a-hole cop was probably going to be an a-hole no matter what.
Posted on 3/22/14 at 5:58 pm to Chaos Six
quote:
If the officer asks a question to the driver, but the passenger coughs and the officer didn't hear the answer...could be interference.
No....For it to be interference the passenger has to interject himself into the scene and refuse the officer's instructions.
Posted on 3/22/14 at 6:02 pm to theenemy
quote:
No....For it to be interference the passenger has to interject himself into the scene and refuse the officer's instructions.
Like the attorney telling the driver who previously submitted to a roadside to STFU and don't answer any questions.
Posted on 3/22/14 at 6:05 pm to theenemy
In that case the officer has a leg up it would seem. Would be interesting to see if the tape comes out as to how it went down. Have a feeling it's gonna all be swept away though.
Posted on 3/22/14 at 6:07 pm to theenemy
Not suppressed as often as they should be.
Posted on 3/22/14 at 6:09 pm to Chaos Six
quote:
In that case the officer has a leg up it would seem. Would be interesting to see if the tape comes out as to how it went down. Have a feeling it's gonna all be swept away though.
Perhaps.
Defense Attorneys, DA's, and Judges are all lawyers and often are friend or at least know the same people.
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