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originally posted by: shooterbrody
If these people have all lawyered up, investigators would be directed to submit all questions to the attorneys, correct?
How would directing questions to attorneys be obstruction?
Also, how would assertion of constitutional rights be obstruction?
I understand anger at people not cooperating, but in our nation cooperation is not required, is it?
originally posted by: Flyingclaydisk
originally posted by: shooterbrody
If these people have all lawyered up, investigators would be directed to submit all questions to the attorneys, correct?
How would directing questions to attorneys be obstruction?
Also, how would assertion of constitutional rights be obstruction?
I understand anger at people not cooperating, but in our nation cooperation is not required, is it?
Not necessarily. If they had been under arrest, and they invoked their attorney privileges, then yes, although questions don't have to be submitted in writing. They can be asked in person with their attorneys advising them on whether they should answer or not.
There are no such restrictions if a person is not under arrest. Law enforcement can ask as many questions as they like. However, their attorney could still advise them to not answer selected questions, but there is no restriction on them asking questions in general.
originally posted by: Flyingclaydisk
a reply to: shooterbrody
Correct. And if the local agency would have turned the case over to the feds sooner, the feds could easily have gotten a judge to sign off on a search warrant.
Mr. Bungle is living large in this whole case!
originally posted by: TomCollin
a reply to: shooterbrody
Hard to say, if they had and found evidence before it became a homicide investigation when he wasn't a suspect yet just a person of interest, wouldn't there be a chance that the the evidence could have been thrown out? Also when the cops where there Friday they were seen carrying what many were calling evidence bags.
originally posted by: Flyingclaydisk
a reply to: shooterbrody
True. Not suggesting otherwise.
The search warrant and the questioning are two separate discussions. One doesn't facilitate the other; never claimed it did.
Regarding the search warrant, if one had been executed earlier they might well have found evidence of a crime sooner. Things like laptops and cell phones, for example, would have been seized. This, before everything got deleted and wiped. (Though some of it still may be recoverable...IF they have the device! If the device was destroyed or ditched somewhere, well, all bets are off).