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  • Asking for a lawyer time limit Maryland v. Shatzer (2010)

    From Adam H. Kerman@3:633/280.2 to All on Tue Jun 24 04:10:05 2025
    Here's something I didn't know. If a suspect invokes his right to remain
    silent AND his right to have an attorney present during questioning,
    police can resume questioning on Day 15. This is when the suspect is not
    in custody.

    Maryland v. Shatzer (2010)

    Plus there are utterly bizarre rules when the suspect is in custody. One
    is in custody in general population but not in custody in an
    interrogation room at the jail or prison, even though the suspect isn't
    free to leave. That restarts the clock.

    The lawyer advised to log when one invoked right to counsel to remember
    when he needs to invoke it again, but it seems safer to invoke it every
    single time.

    How does anyone remember all this?

    https://www.youtube.com/watch?v=Wcwb1WJ-_MA

    --- MBSE BBS v1.1.1 (Linux-x86_64)
    * Origin: A noiseless patient Spider (3:633/280.2@fidonet)
  • From BTR1701@3:633/280.2 to All on Tue Jun 24 04:50:35 2025
    On Jun 23, 2025 at 11:10:05 AM PDT, ""Adam H. Kerman"" <ahk@chinet.com>
    wrote:

    Here's something I didn't know. If a suspect invokes his right to remain silent AND his right to have an attorney present during questioning,
    police can resume questioning on Day 15. This is when the suspect is not
    in custody.

    Maryland v. Shatzer (2010)

    "The court denied Shatzer's motion to suppress his confession, reasoning that the three years between the two interviews counted as a break in custody."

    Huh? The guy was in prison the entire time for other crimes. How was he not in custody the entire time, regardless of how much time had passed?

    Plus there are utterly bizarre rules when the suspect is in custody. One
    is in custody in general population but not in custody in an
    interrogation room at the jail or prison, even though the suspect isn't
    free to leave. That restarts the clock.

    This is just made-up bullshit to get around the 6th Amendment. Like the 100-mile 4th Amendment-free zone around the border. It has no justification in the Constitution. It's just courts making shit up because obeying the 4th Amendment is a major inconvenience to the police.

    The lawyer advised to log when one invoked right to counsel to remember
    when he needs to invoke it again, but it seems safer to invoke it every single time.

    How does anyone remember all this?

    https://www.youtube.com/watch?v=Wcwb1WJ-_MA




    --- MBSE BBS v1.1.1 (Linux-x86_64)
    * Origin: A noiseless patient Spider (3:633/280.2@fidonet)
  • From moviePig@3:633/280.2 to All on Tue Jun 24 07:18:20 2025
    On 6/23/2025 2:50 PM, BTR1701 wrote:
    On Jun 23, 2025 at 11:10:05 AM PDT, ""Adam H. Kerman"" <ahk@chinet.com> wrote:

    Here's something I didn't know. If a suspect invokes his right to remain
    silent AND his right to have an attorney present during questioning,
    police can resume questioning on Day 15. This is when the suspect is not
    in custody.

    Maryland v. Shatzer (2010)

    "The court denied Shatzer's motion to suppress his confession, reasoning that the three years between the two interviews counted as a break in custody."

    Huh? The guy was in prison the entire time for other crimes. How was he not in
    custody the entire time, regardless of how much time had passed?

    Plus there are utterly bizarre rules when the suspect is in custody. One
    is in custody in general population but not in custody in an
    interrogation room at the jail or prison, even though the suspect isn't
    free to leave. That restarts the clock.

    This is just made-up bullshit to get around the 6th Amendment. Like the 100-mile 4th Amendment-free zone around the border. It has no justification in
    the Constitution. It's just courts making shit up because obeying the 4th Amendment is a major inconvenience to the police.

    The rationale would seem to be that his other crimes and detainments, if
    truly unrelated to the current one, are *his* responsibility, just as if
    he'd gone on a three-year bender ...which the current prosecution thus
    has no obligation to accommodate (nor, necessarily, any knowledge of).


    The lawyer advised to log when one invoked right to counsel to remember
    when he needs to invoke it again, but it seems safer to invoke it every
    single time.

    How does anyone remember all this?

    https://www.youtube.com/watch?v=Wcwb1WJ-_MA





    --- MBSE BBS v1.1.1 (Linux-x86_64)
    * Origin: A noiseless patient Spider (3:633/280.2@fidonet)