Tuesday, November 17, 2009

U.S. v. Liera (9th Cir. - Nov. 4, 2009)

I'd have thought that it's okay to admit evidence from a taped interrogation when the audio tape from the first interrogation didn't work and so the government interrogated the suspect a second time -- and that that'd be the case even if the reiterrogation resulted in missing the arraignment calendar that'll happen in the next hour or so and hence delayed the arraignment another day.

But Judge Pregerson convinces me that, in federal court at least, I'd have been wrong.

There's a statute here. You've got to arraign them within six hours, with very few exceptions, and if you don't, the statute says you can't use their statement.

So be it.