Re: CSI: Horatio - whose arm was that, anyway?

In article <AizJj.221$mL2.1@[EMAIL PROTECTED]
>,
 "Ryan Robbins" <redbird007@[EMAIL PROTECTED]
> wrote:

> "Anim8rFSK" <ANIM8Rfsk@[EMAIL PROTECTED]
> wrote in message 
> news:ANIM8Rfsk-EF2B1D.08325004042008@[EMAIL PROTECTED]
> > In article <atropos-8DF700.06342904042008@[EMAIL PROTECTED]
>,
> > Thanatos <atropos@[EMAIL PROTECTED]
> wrote:
> >
> >> In article <ANIM8Rfsk-3D0375.06062103042008@[EMAIL PROTECTED]
>,
> >>  Anim8rFSK <ANIM8Rfsk@[EMAIL PROTECTED]
> wrote:
> >>
> >> Oh, I noticed that yet again, at the end of the episode, we had the
> >> slo-mo perp-walk of the bad guys out the front door, as they are led
in
> >> cuffs to a waiting cruiser.
> >>
> >> Given the number of bad guys that have been shot dead on the front
steps
> >> by grieving relatives during just that procedure, one would think
> >> Horatio's crew would have learned their lesson by now.
> >>
> >> If the county can afford to outfit that lab like something out of a
Star
> >> Trek episode, they can surely afford to construct a sally-****t on the
> >> back side of the building-- you know, like EVERY OTHER police
department
> >> in country has?
> >
> > I loved the part where H just happened to be standing outside when the
> > black guy showed up, spotted him, pulled him over, got an inadmissable
> > confession out of him, and had him dragged away.  Good thing he wasn't
> > in the can or something at that moment . . .
> 
> Why do you think the confession would have been inadmissible? 

It would be a close call. The rule is that in order to use a confession 
at trial, the police have to advise the defendant of his/her Miranda 
rights during all custodial interrogations-- "custodial" being defined 
as whether the individual felt free to leave.

Now it could very believably be argued that even though the guy went to 
the police station voluntarily, when Horatio ordered him over, at that 
point, he felt he was not free to leave and the questioning became 
custodial and since Horatio didn't read him his rights first, whatever 
he said and admitted to would be inadmissible against him at trial.