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To: investigateworld
I don't know how NC law works in that particular area, but in Cali, they would have the right to ask for a lawyer present or decline to answer question. At that point the DA would have to offer immunity or move on.

thanks! - I appreciate your legal expertise. I don't see Nifong offering immunity to anyone so maybe that is why he stopped asking the players about their whereabouts with their attorneys present - he knew they would just refuse to answer.

Wouldn't it still be standard procedure for law enforcement to ask each of the potential suspects where they were that night?

550 posted on 04/19/2006 10:23:59 AM PDT by JeffAtlanta
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To: JeffAtlanta
"Wouldn't it still be standard procedure for law enforcement to ask each of the potential suspects where they were that night?"

Well right, but when Nifong and the press accused the whole team and the lynch mob atmosphere set in, the players got counsel and refused to cooperate. And based on what I've read this will be the accused's salvation because Nifong had to shoot in the dark (i.e. take the AV's ID as gospel, not knowing who had an alibi). It looks like her 100% ID was just a bad guess.
I'm betting he doubles down on this one and arrests another player to perp walk him too for maximum press pre primary--and maybe this one will not have an alibi.
We are all taught to cooperate with the Police, had these kids done so it appears Nifong would have fit the ID to the non-alibi's. A really bad lesson in Civics.
567 posted on 04/19/2006 10:34:08 AM PDT by don'tbedenied ( D)
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To: JeffAtlanta
I'm not an attorney, so I'll limit my comments to cop's SOP:
In this case, I would have started with the leadership of the team. I would have tried to obtain a consent search of the premises from the residents there, and as the bathroom would be considered a 'common' area, only one would have to give me permission.
Any physical evidence including but not limited to video records, cell phones and the like would have all their information copied.
After establishing who was where, i.e. where they were during the appropriate time frame. a post Miranda interview would have been done with the attorneys present.
A photo line up with appropriate male subjects would have been done with the victim. The subjects she identified would have been focused on and a request for a DNA sample made.
Any search warrants I would have done would have been far more detailed so if the judge chose to sign it, we would still be friends when the SHTF.
For certain, the county I worked for would have never done 46 DNA samples, no way Jose.
That county exists to provide a life support system for welfare recipient's and looting opportunity for a certain criminal class. (See "Arrowhead Medical Center, Colton for further details)
632 posted on 04/19/2006 11:23:15 AM PDT by investigateworld (Abortion stops a beating heart)
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