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Here's the scenario I'm currently writing:
How far off am I regarding the law on that final bullet? Could a judge suppress a confession based on the argument that Dan should not have been questioned without his attorney present?
The ultimate goal here is that Dan and the lawyer are "in" on this together. Dan will plan to be arrested, but he and the lawyer have the case dismissed on this kind of technicality.
If a judge wouldn't suppress a confession based on the above, what types of mistakes would the police need to make for a judge to rule on the admissibility of the confession, outside of purposefully coercing the confession?
- Police detectives are investigating a felony that occurred in an apartment building
- Dan lives in said building and the police request that he come down to their precinct to answer some questions with regard to the crime
- Dan retains counsel and both Dan and his attorney arrive to speak to the police
- Dan is not placed under arrest and is free to leave
- The police have been made aware that Dan has retained counsel
- The police continue their investigation and a large amount of evidence points to Dan as the perpetrator of the crime
- The police arrive at Dan's apartment and request that he come to their precinct to answer more questions
- After keeping Dan in an interrogation room alone for an hour, detectives return to Dan, but Dan openly confesses to the crime
- Dan is arrested and processed
- Dan's lawyer later files a motion to have the confession thrown out because the detectives were aware that Dan was represented by counsel and that the lawyer should have been contacted prior to the detectives questioning Dan
How far off am I regarding the law on that final bullet? Could a judge suppress a confession based on the argument that Dan should not have been questioned without his attorney present?
The ultimate goal here is that Dan and the lawyer are "in" on this together. Dan will plan to be arrested, but he and the lawyer have the case dismissed on this kind of technicality.
If a judge wouldn't suppress a confession based on the above, what types of mistakes would the police need to make for a judge to rule on the admissibility of the confession, outside of purposefully coercing the confession?