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

In article <atropos-8268A6.02023905042008@[EMAIL PROTECTED]
>,
 Thanatos <atropos@[EMAIL PROTECTED]
> wrote:

> 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.

And the fact that they dragged him off without arresting him or reading 
him his rights goes a long way towards the idea that he wasn't going to 
be allowed to leave.

-- 
Star Trek 09:

No Shat, No Show.
http://www.disneysub.com/board/noshat.jpg