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Lee's Summit
Police Officer's Association
Debate Room Thread
Posted by Perry Mason on October 3, 2009, 5:54 am
Here’s a little story I’d like to tell about a Lee’s Summit Judge you know so well. Names have been withheld to protect the incompetent.
The other day in a city assault trial, our Prosecutor introduced a MVAR video as evidence of the Defendant’s spontaneous admissions of guilt, coupled with his overall actions of stupidity, while being transported to jail. Of course, the Defense Attorney earned his pay and objected, though he surely knew his argument would hold no weight. His argued cause for objection was that his client was in police custody at the time and had not been read Miranda, therefore anything he said was inadmissible. WE ALL KNOW THAT’S B.S., RIGHT????? “WE” is an exaggerated pronoun, as some of these folks are playing their own game. The Judge mumbled his considerations for ruling on the objection and said that sounded “like reasonable grounds for an objection.” The Prosecutor about blew a gasket and promptly schooled him on the “custodial interrogation” requirement for Miranda to be applicable. You know, the stuff you hear about in pre-law….maybe even 8TH grade Civics!!! The Judge must have faintly recalled hearing about that important case law somewhere as he reserved his ruling on the objection until he could hear the video to determine if “questioning” occurred. A few minutes in, the transport officer asked the Defendant a question that was completely outside the scope of the investigation—something no more significant that if he needed any personal items out of his car before going to jail (cell, wallet, etc). The Judge immediately sustained the objection and suppressed the video, citing that “questioning occurred while the Defendant was in custody”.
Where can I pick up a copy of the “Idiot’s Guide to Criminal Law” or maybe “Horton Hears a Court Case”?
What a joke.
Keep catching the fish. Let the cooks decide how to clean ‘em.
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