I believe the spousal privilege protects the husband, not the wife. In other words, a wife's testimony cannot be used against her husband even if she is willing to talk so long as he is position is what was said inside the marriage is privileged. Of course, I have about as much court experience as jmra (unless traffic court counts).WildBill wrote:No body is compelling her to testify. I know she can't be forced to testify against a spouse, but this is not testimony in court. It seems like she could still invoke her 5th amendment rights. I suppose the statements made to the police in a police report could be entered into evidence. One of the LEOs or lawyers would have a more definitive answer.jmra wrote: My court experience is limited to episodes of Ironsides and the OJ trial, but isn't there something about a spouse can't be compelled to testify? How much of her statements are admissible? Is this a case of shut your mouth until your lawyer gets there for her as well as the husband?
A lawyer friend told me of a story where he was defending a man and the DA was going to call the man's girlfriend to testify at the trial. Since they were in the courthouse anyway, they found a judge and during the lunch break the man and he girlfriend got married!
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Return to “Texting in theater sparks fatal shooting”
- Sun Feb 09, 2014 10:41 am
- Forum: The Crime Blotter
- Topic: Texting in theater sparks fatal shooting
- Replies: 120
- Views: 12022
Re: Texting in theater sparks fatal shooting
- Mon Jan 13, 2014 10:01 pm
- Forum: The Crime Blotter
- Topic: Texting in theater sparks fatal shooting
- Replies: 120
- Views: 12022
Re: Texting in theater sparks fatal shooting
Leaving aside Florida specifics (where signs have no force of law), in most states retired police officers have to follow the same "no gun" zone restrictions as ordinary citizens. Specifically the federal LEOSA provisions explicitly state retired LEO's must adhere to state-specific no gun zones to be under the federal exemption.CoffeeNut wrote:Because iirc retired police officers still have a badge and limited police powers so why would they have to comply with a "no guns" posting geared toward the general public. An off duty police officer in the theater is the one who detained the shooter and I'm guessing he had his firearm.Jumping Frog wrote:Why do you think a retired cop would be exempt from a "no guns" posting in general?CoffeeNut wrote: Shooter was a retired cop and I don't think he'd have to comply, correct?
Of course, individual states can grant additional or specific privileges to retired police, but that is not the general case.
- Mon Jan 13, 2014 8:19 pm
- Forum: The Crime Blotter
- Topic: Texting in theater sparks fatal shooting
- Replies: 120
- Views: 12022
Re: Texting in theater sparks fatal shooting
Why do you think a retired cop would be exempt from a "no guns" posting in general?CoffeeNut wrote: Shooter was a retired cop and I don't think he'd have to comply, correct?