CPS Amber Alert Issued: Tue Jul 12 1:21 AM 2016 - Now Cancelled For Unhappy Reasons

[nik-]

Originally Posted by morgin

They said NE in the presser

I thought so too the first time, but I was pretty sure he said SE the second time.

[calgaryblood]

Originally Posted by nik-

It was 32 and 32 SE

He first said NE and then mistakenly said SE after.

[Otto-matic]

Gary Bobrovitz ‏@garybtvnews 2m2 minutes ago
#CPS find stuffed toy in Delacour - Still believe 5 yr old Taliyah Marsman is alive - @GlobalCalgary #AmberAlert

[Acey]

They've been careful to phrase it as "we have nothing yet to suggest she is not alive" which is subtly different.

[Peanut]

This is just so awful.

[Wormius]

For the knowledgable here - what does "cooperating" / "not cooperating" imply? Is it closer to telling the police to screw off, or to just not having anything to tell the police?

[troutman]

Originally Posted by Wormius

For the knowledgable here - what does "cooperating" / "not cooperating" imply? Is it closer to telling the police to screw off, or to just not having anything to tell the police?

https://en.wikipedia.org/wiki/Right_to_silence#Canada

The right to silence is protected under section 7 and section 11(c) of the Canadian Charter of Rights and Freedoms. The accused may not be compelled as a witness against himself in criminal proceedings, and therefore only voluntary statements made to police are admissible as evidence. Prior to an accused being informed of their right to legal counsel, any statements they make to police are considered involuntarily compelled and are inadmissible as evidence. After being informed of the right to counsel, the accused may choose to voluntarily answer questions and those statements would be admissible.

https://en.wikipedia.org/wiki/Sectio...s_and_Freedoms

[bigtmac19]

Doesn't any criminal defence lawyer tell you never to talk to police? You can sit there and not say a word

[Acey]

Originally Posted by bigtmac19

Doesn't any criminal defence lawyer tell you never to talk to police? You can sit there and not say a word

Even police tell you not to talk to police.

[Since1984]

The Parking lot where he was arrested has a Taco Bell/KFC and a Car Wash. But the cops followed to driver and when they flashed the lights he pulled in to the Parking lot.

[Resolute 14]

Originally Posted by Acey

Even police tell you not to talk to police.

The police also use every legal (and sometimes illegal, though hopefully rarely) trick in the book to get you to ignore that same advice. They wouldn't doing their jobs otherwise.

[troutman]

Police have to follow the right to counsel script very carefully, or a slam dunk case can be thrown out on the smallest technicality.

https://en.wikibooks.org/wiki/Canadi...rest_Procedure

[Gaskal]

Originally Posted by troutman

Police have to follow the right to counsel script very carefully, or a slam dunk case can be thrown out on the smallest technicality.

They're required to read the Miranda rights to the suspect before an interrogation/questioning, not an arrest.

Just means that if it's not read properly to them, then anything out of the suspects mouth during that time of questioning is inadmissible in a court of law. It won't disregard any other sources of evidence, however.

[troutman]

10. Everyone has the right on arrest or detention...
b) to retain and instruct counsel without delay and to be informed of that right

[Acey]

Originally Posted by Resolute 14

The police also use every legal (and sometimes illegal, though hopefully rarely) trick in the book to get you to ignore that same advice. They wouldn't doing their jobs otherwise.

True, I just meant outside the context of actually being detained. Like if you were to go to a seminar or something, or ask a friend/neighbour in law enforcement what your best course action should be. They'd likely say "don't talk".

[calgaryblood]

Doesn't make him any less than a scumbag.

[rubecube]

So no "innocent until proven guilty" posts in here yet, eh?

[Cube Inmate]

Originally Posted by troutman

Police have to follow the right to counsel script very carefully, or a slam dunk case can be thrown out on the smallest technicality.

https://en.wikibooks.org/wiki/Canadi...rest_Procedure

Here's a silly question, but what if I refuse to even answer the question "do you understand?"

[Acey]

Originally Posted by rubecube

So no "innocent until proven guilty" posts in here yet, eh?

That's kinda the meaning behind my post saying he has the right to not talk, I don't speak for the others.

[puffnstuff]

Even if you invoke your right to silence doesnt mean the police have to stop talking to you, correct? But if you have asked for counsel and then blurt something out before the lawyer arrives, that becomes an issue for admissibility at trial? I think. Not a lawyer.