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Message
re: DWI lawyer gets arrested
Posted on 3/22/14 at 5:51 pm to theenemy
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.
2
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 5:58 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.
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