Originally Posted by
copwriter
Tell me how her question triggered the requirement that the detective not question her further.
- She wasn't in custody, and presumably free to leave. Had this not been the case, I doubt if the detective would have just walked away.
- There is no indication that she was the focus of the investigation or suspected of any crime. The detective was only gathering information. Miranda only attaches when the person being questioned is (a) not free to leave and (b) asked potentially incriminating questions. Even then, there are many exceptions to the Miranda rule.
- There was no demand to speak with an attorney or to have one present during questioning. There was only a question as to whether she should call one. The appropriate response would be, "Whether you want to call an attorney or not is up to you. You certainly have the right to do so." But she was not compelled or coerced to answer any of the detective's questions, and the detective apparently thought she was more trouble than any information she might have furnished was worth. I have made the same decision many times.
Cops who know what they're doing are not intimidated by attorneys, or the mention of them. Attorneys seem to like to believe the mention of their status causes stalwart lawmen to quake and wet their pants, but I have never witnessed this to happen. And I have arrested several attorneys.
Are you sure you're a lawyer? This is pretty basic stuff.
Yeah, but if the cops have sufficient evidence to arrest someone they wouldn't waste their time interviewing "suspects" to begin with. If you don't believe it, just tell a detective you have retained professional counsel, they will back off as fast as they put on their cheap JC Penny Coat. Atleast, if they are smart.
If you tell me "cops" and agents aren't intimidated by good attorneys I'll openly laugh in your face. The vast majority of cops who make it to the level of detectives are career seekers who will do what is best for their own good. It isn't uncommon for detectives to build cases against suspects who are innocent, in order to further their own careers. That's why it is wise to never talk to investigators, regardless of innocence or guilt.
If cops aren't "intimidated" by attorneys there is something seriously wrong with the system. Cops can't make you "talk" regardless of what they *think* you've done. I find it offensive to hear a member of law enforcement saying "triggered the requirement that the detective not question her further. " I find it sickening that cops, such as yourself, are trained in each and every way to bypass the rights of individuals. Call it what you want, you are still a puppet and cannon fodder for a system designed to screw the common folk. You can't make anyone talk. If you ever approached me with that attitude I'd quickly tell you to go eat a doughnut.