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Legal Issues

Legal Issues. And other Matters Authors need to know to be authentic. 8 Top Mistakes Writers make. 1. Having detectives arrive on scene to take a report 2. Having cops or detectives drive around in pairs 3. Forgetting the coroner exists

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Legal Issues

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  1. Legal Issues And other Matters Authors need to know to be authentic

  2. 8 Top Mistakes Writers make • 1. Having detectives arrive on scene to take a report • 2. Having cops or detectives drive around in pairs • 3. Forgetting the coroner exists • 4. Not knowing the difference between a semi-automatic & a revolver • 5. Putting the smell of cordite in the air

  3. Biggest Mistakes continued 6.Fingerprints interpreted on scene (or described as fresh) --DNA work returned within weeks 7. Suppressors-No one uses them because no one cares about shots fired 8. Advising Miranda upon arrest

  4. Cops patrol alone • If with someone, that person is a trainee (not even a rookie, but a puppy cop) • Occasionally detectives take someone along on a high profile contact or for a person of “mutual interest”

  5. Colorado has a county coroner system Some are M.E.’s and some are anyone elected to be a coroner Cannot move a body without a coroner Coroner or Medical Examiner?

  6. Semi-automatic versus revolverNo safety on revolvers

  7. Which one should your detective carry? • Pre 1985 police work, a revolver • Much after that, a semi-automatic • Which likely will carry about 15 rounds (bullets) • Homeowner for defense? A revolver

  8. Cordite: Not used much since 1945 and unavailable worldwide since 2000 • A British chemical compound composed of gun cotton, nitroglycerin, vaseline • Developed to be used in tropical climates to prevent weapons from gumming up • Will ruin even large weapons • NEVER used in U.S.

  9. Do you want competent officers or not? • Scenes are easily lost by officers’ incompetence: -Patrol’s incompetence -fatigued officers -the coroner dun’ it -speed (pressure to release the scene for some reason)

  10. Or by • Animal action • Helpful citizens • Paramedics/Doctor/nursing staff • Late discovery of the crime scene • Water: sprinklers or rain

  11. Arresting someone Must have Probable cause that both a crime occurred and that the defendant did it

  12. Physically making an arrest • Should advise the person they are under arrest before you touch them • Do not need to say what for • In shooting situations, don’t need to announce any of that • Cops shoot to stop (not wound, not kill, but to stop)

  13. Cannot handcuff without a person being under arrest • However, cops may search a person in a brief pat down for their own safety (Terry vs Ohio) • Search in pat down (squeezing outer clothing only) for WEAPONS ONLY (not drugs/evidence) • When searching a house with a warrant, gather people and put them on the couch (don’t handcuff them)

  14. Arresting a Juvenile (someone under 18) • Legally stated as ‘detaining’ • Possible for almost any reason, including that it’s school hours and he/she is not in school • Children (in Co) may not be charged with a crime unless they are over 10

  15. Miranda Rights • Cops don’t advise a suspect at the time of arrest • WHY? Because Miranda is only required when a person is being questioned AND IS IN CUSTODY • If questioned, but not under arrest, no Miranda • If in custody, but not being questioned, no Miranda

  16. Privileged Relationships

  17. Spousal Privilege • Spouses cannot be compelled to testify against each other • Privilege usually resides with the defendant • Exceptions: Domestic Violence, child abuse • May matter when the information was gained, but usually if married, no testifying • Presence of a 3rd party: oh my!

  18. Clerical privilege • Priestly confessions may not be testified to, nor anything said in confidence to a religious leader • Either side may block the testimony • More fun: if a Jew confesses to a Priest, does it still count?

  19. Attorney-Client • And also, in this case, a 3rd party who is an agent of the attorney • If the 3rd party is just in the room with the defendant, they are not bound (unless co-defendant). • Attorneys may therefore defend people they know are guilty. • May not hide physical evidence, nor plot future crimes.

  20. Physician-patient • Some states say yes, confidential, some no. • Privilege only applies to info necessary for treatment • If a 3rd party is there, definitely no privilege • Doctors must report gunshot wounds and child abuse.

  21. Psychotherapist-patient • Very fuzzy law; not allowable in common law • Some states only allow psychiatrists the privilege (who are doctors) • Only in sessions (usually) • Group therapy is protected, as are people brought in to treatment sessions to talk to client

  22. Handcuffing Demo:Cuff, then search, locking holes UPOnly do it if you can get 2 on at onceDouble lock for safety and no cinching up

  23. And never before have we had an Evanovitch Moment • Sorry! Really sorry for the inconvenience! I will still stand by the fact that American made cuffs all use the same key. Apparently, some defective Taiwanese cuffs crept into the cuff supply. • Again, sincere apologies, but it did make the night memorable!

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