PD KEYSTONE KOPS vs. METRO DADE HOMICIDE
What two separate sources have told us is that in response to the belief that Metro Dade Homicide does not honor a suspect's request for an attorney, the PDs office intends to station Public Defenders outside of the MDPD and follow homicide officers to the scene of homicides and thus be readily available if suspects request counsel.
Sounds almost like something we should have published on April Fool's day.
Rumpole says: Glad to know spirits are high on 14th Street. If this email was sent at the SAO we'd be doing a piece on a prosecutor being fired. One office is run through a pervasive atmosphere of fear, and one is not.
In thinking about the Miranda rights recently, it occurred to us (and we wrote about it in the comments section on Sunday) that we have never heard of the police calling the PD's office to request an attorney to a crime scene to speak with a suspect who asked for counsel. Never.
From time to time we have private clients who are expecting to be arrested and have been informed to call us immediately. In those circumstances the police SOMETIMES allow them to make the call before trying to get a Miranda Waiver. Other times they pull some stunt, usually talking between themselves that if the person would just speak with them perhaps they would not have to arrest them, but if they called a lawyer their sergeant would make them follow through on the arrest.
But our larger point is that Miranda isn't working because the police do not scrupulously ensure that a suspect's 5th amendment's rights are being protected, EXCEPT- in one special case. When there is a police shooting, then the officer has PBA counsel brought to the scene as soon as possible, and a formal statement is NEVER taken without the officer first conferring with their counsel, and with their counsel being present at the statement, which in our experience in this town, can often be several days later.
It seems the police do know how to honor the Fifth Amendment when it suits their purpose.
See you in court, filing motions to suppress.
PS : Today is opening day in baseball. As John Fogerty sang in Centerfield:
Just to hit the ball and touch em all
a moment in the sun
it's gone and you can tell that one goodbye.
FUN WITH TEMPERATURES:
Today the high will be a record 93.
By tomorrow it will be 73
By Wednesday it will be a record 50.
From the frying pan into the freezer.