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Episode 8, interrogating Donner...minor spoils

posted 8 years ago by HARDDRlVER
5 replies | jump to latest

@ 22 minutes into the episode Donner demands a lawyer. By law (I'm guessing in most states (this takes place in Washington)) investigators are required to stop asking questions, period. However, in response to Donner's demand, the detective states "yeah, we still got you for an hour and seven minutes before the presence of a lawyer is manditory".

What the heck does that mean? That's just playful scriptwriting, correct?

Whatever happened to Miranda rights on TV shows? It rips me up when the good guys instantly become the bad guys when they break the law. I'm quite certain writers have the ability to create good shows without having to ignore such obvious rules

[–] chrisjdel 8 years ago

I'm not sure if investigators must stop asking questions immediately, law isn't really my area, but I know they're required to summon legal counsel once the request is made. Either a lawyer of the subject's choice or a public defender. Unless there's an anti-terrorist provision I'm not aware of (something in the Patriot Act perhaps) this was a blatant lie. Not that law enforcement ever does anything of the sort in real life, of course. Perish the thought!

[–] 8 years ago

[deleted]

[–] Sluggr-3 8 years ago

As my old lawyer would put it, "what part of STFU wasn't clear?"

My Chimp DNA seems to have lost its password temporarily. Sluggr-2

[–] repugh 8 years ago

I don't remember what was going on in the episode or the circumstances of the questioning. I do remember him saying that though and thinking "well that's not true." One someone says they want a lawyer the officer should stop asking questions. Anything that is said after that will probably be inadmissible in court. Cops don't have to provide a lawyer unless the person is under arrest. If they are just being questioned then cops have no obligation to provide a lawyer and the person being questioned is allowed to leave at any time. There are provisions for terrorist suspects though. Basically they have no rights.

[–] MadSimian 8 years ago

My guess is that the detective said that as they hadn't officially charged and/or booked him at the time because, depending on which state you are in, the police can legally hold you for upwards of 72 hours before they either have to book/charge you or release you. So, not so much breaking the law as "bending" it in this case.

Also, you have to realize this is set in a world which is conceivably similar enough to ours for there to be some version of the Patriot Act which allows the authorities to disregard due process if they deem you a "terrorist". However, that is usually reserved for federal authorities so I'm going to side with my first guess as being the more likely scenario.

When the power of love overcomes the love of power, the world will know peace.