Watching Cops can be a good exercise for criminal defense attorneys. Search and seizure, confessions, probable cause all come in to play. I was channel surfing and caught a gun arrest.
Here is what happened- 3 passengers in a car. 2 males, and one female. I didn’t quit catch where everyone was sitting. The police find a gun in the glove box. I don’t remember the jurisdiction, however it was clear that there was no 2nd amendment right to carry in your car. The police are looking to pin this gun on somebody and make an arrest.
Male 1- Asks for an attorney. The police say “he asked for a lawyer, he isn’t cooperating.”
Male 2- Talks to the police. M2 states he doesn’t know anything about a gun, he has no idea whose car it is, or who these people are.
Female- Talks to the police. Female states that she is M2’s girlfriend. Female also states that the gun belongs to M1. F tells the police that M1 pulled the gun out when they were pulled over, and put it in the glove box.
The police know have three suspects. M1 asked for an attorney and hasn’t said anything. M2 is either lying, or stupid. Female is snitching but her credibility is hampered by her relationship with M2.
Who do the police arrest? The suspect who “isn’t cooperating”- M1. That’s right, even though M2 lied, he is obviously more credible than someone who would ask for an attorney. They don’t even consider Female a suspect, after all, she snitched.
The result- M2 and Female are let go. M1 (who still hasn’t said a word) is arrested on a gun charge.
Lessons- Cops trust snitches. Cops think you are a criminal if you “don’t cooperate.” And the prisoner’s dillema is real (game theory exists).