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1 calochortus  Jan 29, 2015 10:41:59am

I have no direct knowledge of this, but a law professor on the news yesterday said that it appeared the police were within their rights. They wanted to question the suspects about a different crime from the one the attorney was representing them for, but she was trying to prevent that.

2 syphonblue  Jan 29, 2015 10:58:53am

So? A person is not required to talk to a police officer, and this attorney was not resisting any arrest since the suspect was not under arrest.

3 gwangung  Jan 29, 2015 11:16:45am

re: #1 calochortus

I have no direct knowledge of this, but a law professor on the news yesterday said that it appeared the police were within their rights. They wanted to question the suspects about a different crime from the one the attorney was representing them for, but she was trying to prevent that.

Different? And the lawyer could not possibly BECOME the lawyer for these particular charges?

Sorry but that’s BS. Can see the police use that as a way to eviscerate civil rights.

4 Great White Snark  Jan 29, 2015 11:41:28am

re: #1 calochortus

re: #3 gwangung

One hand
Is photography in public spaces not protected by law? I thought so.

OTOH
Are the police crossing a line by investigating another crime on the spot, possibly angling for self incrimination?

5 calochortus  Jan 29, 2015 11:46:11am

re: #2 syphonblue

re: #3 gwangung

Don’t know. Not a lawyer. Just adding a little information, although it does seem odd to be arresting her. I’m sure it will all be hashed out eventually.

6 Great White Snark  Jan 29, 2015 11:51:32am

re: #3 gwangung

Different? And the lawyer could not possibly BECOME the lawyer for these particular charges?

Sorry but that’s BS. Can see the police use that as a way to eviscerate civil rights.

I agree that’s legal hair splitting. Anyone should be able to step up and object vis a vis the right to turn away from the camera or to not answer questions. Who says only attorneys can cite rights in a public incident?

7 goddamnedfrank  Jan 29, 2015 1:25:01pm

re: #1 calochortus

I have no direct knowledge of this, but a law professor on the news yesterday said that it appeared the police were within their rights. They wanted to question the suspects about a different crime from the one the attorney was representing them for, but she was trying to prevent that.

The police knew the suspects had retained counsel in an ongoing criminal case. The pretense the police are attempting to sell, that she wouldn’t automatically also be representing her clients in this “new” investigation is utterly insincere. The second investigation impinges on the defense for the first, so the police should only be able to question them in the presence of their lawyer.

Also, lets use our heads here, the police would have already had mugshots of the defendant from the arrest in the first case. Therefore the attempt to detain and photograph the lawyers client can in no way be described as necessary to the second investigation. As far as the “photography is not a crime” angle, it’s not the photography that was against the rules, it was the unlawful detention to get him to comply with it. He had a right to not be waylaid or have his freedom of movement impeded absent just cause.


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