Sujet : Re: Fifth Amendment gutted
De : no_offline_contact (at) *nospam* example.com (Rhino)
Groupes : rec.arts.tvDate : 26. Jan 2025, 18:51:09
Autres entêtes
Organisation : A noiseless patient Spider
Message-ID : <vn5smb$3tl4l$1@dont-email.me>
References : 1
User-Agent : Mozilla Thunderbird
On 2025-01-26 1:57 AM, Adam H. Kerman wrote:
The Armed Attorneys, Second Amendment advocates, do a video on a recent
case in which Texas Court of Criminal Appeals narrows rights under
the Fifth Amendment.
Video from Dec 4, 2024.
https://www.youtube.com/watch?v=5P9Hy6BpBe4
Man is questioned by police for hours. When the questions turn hostile,
he says he needs a lawyer. They keep on questioning him. Then he's
arrested on outstanding warrants and they keep on questioning him.
Many hours later, he confesses to a terrible crime.
At trial, the unconstitutionally collected evidence is suppressed.
The appellate court reversed: He invoked his right at the wrong time.
The opinion is that he wasn't yet being questioned, even though he'd
been answering police questions for several hours.
Can he appeal further? With a bit of luck, the appellate court will be reversed in turn.
-- Rhino