A blog devoted to law, politics, philosophy, & life. Nothing in this blog is to be construed as legal advice.

Saturday, January 31, 2004

Never, and I do mean NEVER, talk to the police.

Part of the persecution's theory in the Martha Stewart case is that she lied to them. It common for the police to ask someone a question about a crime. If they don't like the answer, they will often arrest the person for "obstructing justice." This happens even when the person tells the truth because the police only need probable cause to believe the person is lying. Think about it.

Imagine the police belive that A knows where B is. The police ask A where B is. A replies, "I have not seen B in over 3 months." Well, the police now have probable cause to arrest B. Sounds fun.

Michael ALVARADO was another victim of police lies. They told him: “Now all I’m simply doing is giving you the opportunity to tell the truth." What they really meant was, "Please tell us something that we can use to charge you with a crime." Since Michael was only 17, the Court must decide whether his age should be a factor in the ole "would a reasonable person feel free to leave?" test.

Give me a break. A 17-year old kid was taken into the back room at a police station where he was interrogated for over 2.5 hours. I am over 17 and I will say that under those circumstances, I would not have felt free to leave. Maybe the most important right we have is the right to remain silent.

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