Enjoy This Week's Case


 
by Elissa and Claire Bernstein



The Old Woman

The old woman lay lifeless in a pool of blood.
The police searched the place...
Nothing...except for a single fingerprint.
It was Keith's, the woman's oldest grandson.
The next day, the cops found Keith driving his
grandmother's car. They arrested him.
Keith was charged him with murder
and thrown into a cell.

The police needed a confession to nail Keith.
So they called in Keith's seedy friend, Bruce.
"Play along with us, or else."
Bruce was wired up and put into Keith's cell.
Bruce started chatting up Keith
About baseball. Girl friends
….even a little old grandmother.

The plan worked. Keith talked.
"Grandmother, yeah, i finally shut her up for good."
Keith was convicted of murder and sent to prison.
Keith appealed



"Your Honor, the cops framed me.
They got the information illegally.”
The police responded. "Perfectly legal,
your Honor.We didn't tell Bruce to get
information about the murder.
All we said was, 'Talk to him.'"

Was the recording of Keith's confession illegal?

You! be the Judge
Look below for the decision.











“Perfectly legal! As far as Keith was concerned
He was confessing to a fellow criminal, not to a police officer.
That’s why the officer had no obligation to read his rights.
As a consequence Keith's confession was valid."


   

Today’s column is based on a case from the United States.
The characters and the scenarios are fictional. Any resemblance
to real people is purely coincidental. The information in this
column does not constitute legal advice. If you have a similar
problem, consult a lawyer in your jurisdiction.
Elissa Bernstein is a lawyer and syndicated columnist.
Copyright 2013 Haika Enterprises. All Rights Reserved


You! be the Judge
Claire Bernstein
1-888-831-1234
claire@playyoubethejudge
www.playyoubethejudge.com