Patriots' Hernandez questioned by police in homicide probe

[BradyFTW!]

That's a great post for an internet forum but meanwhile in the real world, a lawyer would advise an innocent client to allow the search and arrange for it to be done (with the lawyer present, of course).

Absolutely not. No lawyer in their right mind would recommend that. They would always, without exception, recommend allowing the search only once a warrant was presented. Period. The bottom line is that the police will get a warrant if they have any valid reason to search your house, anyway.

On a side note, I was questioned in a felony case a few years back, and I gave a statement to the police. I was not a suspect and had nothing to do with the crime--I just allegedly knew about it, as the primary suspect was a good friend--so I figured that I was in the clear.

Months later, I'm subpoena'd for the trial, and asked to recount the events to the best of my knowledge. I answered honestly, but it turned out that there were some small discrepancies between the statement that I gave to police and what I recounted in court. Nothing intentional, of course--just mis-remembering some small stuff 6+ months after the fact.

Stuff like this happens, and if I was even remotely a suspect in the case, I could have been screwed. My credibility would have become awfully suspect, in the jury's eyes. All because I gave the police a statement that I didn't even have to give them in the first place.

No offense to you individually, SB39, but a lot of the posts on here seem to pretty clearly be coming from people who have no experience actually dealing with police questioning. It's incredibly easy to slip up and incriminate yourself, even when you're 100% innocent. Talking to the police just opens you up to vulnerability, let alone letting them search your house. Doesn't matter if you're innocent.

 

[robbomango]

Yeah, but if you were 100% innocent, wouldn't you want to have your name cleared immediately. If I rent a car for my friend in my name, and he winds up dead, and I'm 100% innocent, 1) I let the cops do whatever they want in my house, even without a lawyer present 2) Be as cooperative as possible, hell I'm bending over backwards giving the cops any info I could think of to help their case.

Being uncooperative and making the cops get a search warrant certainly looks suspicious. I don't feel good about this. Reminds me of the days following OJ's wife's murder. OJ was a hero to me growing up, and felt sick to my stomach during those days, chase and all. Now I hate OJ.

It sounds all good and well to cooperate but I'm sure when they're thoroughly ripping through your personal stuff you might think otherwise.

Outside of some of the legalities listed by others, there's the personal aspect of not wanting your belongings flipped inside out without just cause.

I'm not sure what a search entails. I've heard it's pretty brutal but It's probably a case by case bases, idk, maybe Deus could answer that.

 

[belichick010405]

Bedard. He has pics and everything.

https://twitter.com/GregABedard

Thanks jDot.....

 

[BradyFTW!]

On the bright side, neither of the guys that the police took from the house are Hernandez.

 

[QuantumMechanic]

Outside of some of the legalities listed by others, there's the personal aspect of not wanting your belongings flipped inside out without just cause.

Not just that, but...
1) If you give them permission to search w/o a warrant they will probably be searching places in your house they wouldn't have searched/been able to search if they had been forced to get a warrant.
2) Those extra places searched may turn up evidence that leads them to suspect you (rightly or wrongly) of some completely different crime.

 

[hovis]

On the bright side, neither of the guys that the police took from the house are Hernandez.

I'm hesitant to find hope of any of these discoveries, but maybe that points to the "hangers on" theory that some folks are floating without any evidence. I can't fathom why AHern himself would have motive to murder, but you never know what people do in their personal lives.

 

[Tunescribe]

Greg A. Bedard ?@GregABedard 6m: Delivery just arrived for Hernandez. Cop said: "You're not delivering it right now."



Damn, that pizza's gonna get cold! You've got to figure the kid is working up quite an appetite with all that commotion going on.

 

[fnordcircle]

Before you do that, read this:

Top 10 Reasons You Should Not Talk to the Police, Right to Remain Silent - Law Offices of James Kirk Piccione

They're not there to be your buddy or take sympathy on you.

Thank you for posting this. The actual machinations of our justice system are horrifying - talking to the police without proper representation is submitting yourself to all kinds of negative outcomes.

And just a reminder - our justice system has executed the innocent.

Yes, America, We Have Executed an Innocent Man - Andrew Cohen - The Atlantic

Edit - Just wanted to add, the police executing a search warrant are there to find something. They aren't there to prove your innocence. This is an important distinction in terms of mindset.

Either way I'm loathing the Ahern -> Ray Lewis comparisons that will be coming over the next year or so if this pans out the way I think it will pan out (he was covering up/helping his bros after a murder)

 

[SB39]

No offense to you individually, SB39, but a lot of the posts on here seem to pretty clearly be coming from people who have no experience actually dealing with police questioning. It's incredibly easy to slip up and incriminate yourself, even when you're 100% innocent. Talking to the police just opens you up to vulnerability, let alone letting them search your house. Doesn't matter if you're innocent.

I think you missed the part where I said he was wise not to say anything without a lawyer and that the lawyer would be present for the search.

 

[SB39]

It's so adorable how people are quoting lawyers when they say you should never talk to the police without a lawyer. What do you expect a lawyer to say? "Nah, you don't need to hire my services!"

With a crime this serious Hernandez is wise to get a lawyer. But he's also wise not to obstruct an investigation or hide perpetrators.

 

[Tunescribe]

It's so adorable how people are quoting lawyers when they say you should never talk to the police without a lawyer. What do you expect a lawyer to say? "Nah, you don't need to hire my services!"

With a crime this serious Hernandez is wise to get a lawyer. But he's also wise not to obstruct an investigation or hide perpetrators.

Does that include the attic and vestibule closet?

 

[QuantumMechanic]

IWith a crime this serious Hernandez is wise to get a lawyer. But he's also wise not to obstruct an investigation or hide perpetrators.

Insisting that the cops get a warrant is not "obstruction". (Unless you're a prosecution tool or suckup, anyway.)

 

[fnordcircle]

It's so adorable how people are quoting lawyers when they say you should never talk to the police without a lawyer. What do you expect a lawyer to say? "Nah, you don't need to hire my services!"

Yeah, the only sensible thing to do is to listen to the police who are totally only there to help you.

Just ask them they can't lie to you, it's in the constitution.

 

[belichick010405]

Insisting that the cops get a warrant is not "obstruction". (Unless you're a prosecution tool or suckup, anyway.)

Based on what Bedard has reported, I am much more concerned about Hernandez's knowledge of this crime and if these two guys were hiding at his house with Hernandez's knowledge of this crime.

 

[Pewsterbaby]

Hernandez always reminds me of one of those human/animal hybrids from The Island of Lost Souls/Island of Dr. Moreau.
Now, if this is so, wouldn't the cops have to get a special warrant to search the house.......... OF PAIN?!!

What is the law?
Not to walk on all fours.
What is the law?
Not to eat meat
What is the law?
Not to spill blood
Are we not men?

His is the hand that heals.
His is the house of pain.

 

[BradyFTW!]

I think you missed the part where I said he was wise not to say anything without a lawyer and that the lawyer would be present for the search.

I did not. I also did not miss the part where you said that it would be wise to consent to having your home searched without a warrant.

Apparently you don't realize this, but here's the fact of the matter: the police don't care if you're innocent or guilty. They care about collecting enough evidence to arrest you and for the DA to press charges. As far as the police are concerned, it's the jury's duty to determine whether you're guilty or not. Their job ends with the arrest.

The prosecution's job is to convict you. Again, whether you're guilty or not is beside the point for them. They're in it for the convictions: that's their job, and that's also the basis on which they're evaluated.

So, to reiterate: nobody in this whole system is looking out for you. Nobody has a vested interest in seeing that innocent people get off the hook. If they have enough evidence that they think they can get a conviction, then they will attempt to do that. That wouldn't change even if they knew that you were, in fact, innocent.

With that in mind, anyone who volunteers information is ignorant at best. There's a ton of downside and literally no upside. Even innocent people can easily incriminate themselves, and innocent people do get convicted. Lawyers no this, which is literally no lawyer in the country would recommend what you're saying.

 

[BradyFTW!]

Based on what Bedard has reported, I am much more concerned about Hernandez's knowledge of this crime and if these two guys were hiding at his house with Hernandez's knowledge of this crime.

Even if he had knowledge of the crime, that's not inherently a problem. As long as he's not involved, it doesn't matter. It's not aiding and abetting until charges are filed, and that has not happened. Letting his buddies hang out at his house, even if they told him they killed a guy, is not a crime. Refusing to allow entry without a warrant is also not a crime.

Now let's just hope he's not involved.

 

[Jackson 2]

The commish is a nazi and has suspended people simply by being involved with shady situations.

Pretty sure Big Ben was suspended for being involved in a crime he was never charged with.

You have no knowledge of American jurisprudence. Stop embarrassing yourself.

 

[QuantumMechanic]

Based on what Bedard has reported, I am much more concerned about Hernandez's knowledge of this crime and if these two guys were hiding at his house with Hernandez's knowledge of this crime.

Yeah -- notice the sources are saying (assuming it's even true) that Hernandez isn't a suspect in the homicide, not that he's not a suspect for anything.

 

[Bella*chick]

So I'm driving home and this breaking news comes on sports talk radio. Oh no, I think, this is not good, please let this be some other Hernandez, please. But they they start talking about N. Attleboro, MA and I know this is bad, bad, bad. So I drive home with no thought whatsoever but to come here and get the story and what's the top thread? What's the top thread of this forum? Patriots Sign Tim Tebow.

Disgusted over here.