Origin of the Miranda Warning | Ernesto Miranda Case Analysis
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- Опубліковано 28 лип 2024
- This video answers the question: Can I analyze the case of Ernesto Miranda and the pivotal 1966 Supreme Court case Miranda versus Arizona?
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References:
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The story with the "lawyer dog" is absolutely ridiculous. Also, I love your humor. This law should surely include lawyer dogs, as well as other types of animal lawyers.
Anyone who has watched It's Always Sunny in Philadelphia knows about Bird Law.
I'd trust my dog as my lawyer before some of these so called lawyers.
@@lawrencefrost9063 I dont watch TV usually. Is that a movie or a series ,please?
He's my 'service shark'.
@@RepentfollowJesus TV Show. A sitcom I think.
imagine saying "give me a lawyer" then the police don't let you have a lawyer so you appeal it and the judge says "give me a lawyer" was too ambiguous
This truly is ridiculous
"Why don't you--" is the key here. He did not make a statement, but made a suggestive question.
Great advice. Cooperate with police orders but do not volunteer information or attempt to "tell your side of the story" until you have a lawyer.
yes. Every lawyer I know has said: Be respectful. Cooperate with the police. Ask them to have a warrant before searching any of your property (car, house otherwise) BUT shut the fuck up/don't go running your mouth and let your lawyer talk.
It’s always a great day when Dr. Grande uploads twice on the same calendar date.
Had just noticed the same~
The only word out of one’s mouth when cops try and interact with one is “lawyer,” lawyer is the answer to all questions from a cop until a lawyer is present, it’s potentially life saving for many.
That is absolutely correct.
Also,
US Constitution 4th Amendment
Always ask for a WRITTEN warrant to search: you, your car, your home !
Are citizens of other countries afforded the same rights? When on holiday in the us would I be subject to the same rights?
@@Shutityou I imagine most countries would have something similar
People seem to say this a lot. What if youre a serial murderer? Should they say "lawyer" and stfu? Or should they confess on all the evil deeds they have done? What do you think is the right thing to do? What if your sister was raped and you are being questioned by the police about the whereabouts of the rapist. You know who did it and where he is, but you should just say "lawyer"? I mean come on.
@@Shutityou Someone who's a citizen of another country should also say they want a lawyer AND they want to speak to someone from their own country's embassy too. And say nothing until a lawyer is present. Cops can lie, so regardless of whether someone is an American citizen or not, they should definitely insist on a lawyer.
Dr.grande is low key the greatest comedian.
Big deadpan energy
He is low key fire!
100% agree with Dr Grande - if you expect every citizen (regardless of age, education, background, life experience, mental capacity, disability, level of inebriation or injury) to _know_ the ridiculously convoluted & ever-changing legal framework that law enforcement operate under, then _EVERYONE_ must be questioned with a lawyer present - no exceptions. In a country with 50 different sets of laws to abide by _plus_ federal laws... and more types of law enforcement agency than you can count on two hands (PD, Sheriff, State Investigation, FBI, ICE, etc etc)... how could _any_ individual citizen _hope_ to know what rights they have when talking to LE, especially when LE have the ability to lie & deceive when questioning?!
It’s easy, don’t talk and you won’t incriminate yourself!
So very well put you get an A+ for thinking of everything... WELL SAID ‼️🤠🇨🇱
We should spread the message that everyone always should demand a lawyer, not only in America. If you are questioned, even as a witness to a serious crime, always consult a lawyer.
Yes, this just may lead to few bastards running away, but would save many innocents from getting convicted
The reality is that in the years since the warnings became required, an astounding number of defendants voluntarily waive these rights even after being informed of them (and advocates of the warnings decry this for any number of supposed reasons). There is a real question about what the benefit of these warnings even is, and that is separate from the obvious point that the Constitution does not, and had never been understood to (up to this case), require a warning of these rights. To answer your question about knowing your own rights...you can know your rights by taking it upon yourself to learn them. Ignorance is no defense and proceeding in spite of ignorance is proceeding at your own peril.
Even people that come from different countries and become a US citizen knows their Rights. If your gonna get into the crime game, you better know your Rights
I appreciate everything about these videos you’ve e been doing on the mechanics of policing & criminal justice and the dirty tricks & deception officers of the court can use to trick you out of your rights.
People think it’s a bit odd that I taught my teenager to say NOTHING to the cops, ever, except “I want a lawyer, please”. (And if they ask another question, you can drop the please.) but I think it’s a necessary skill to learn.
Say it together everyone: “I’m not comfortable speaking to law enforcement without legal counsel - I want a lawyer (please)”. (“Can I see your warrant, please” is another good one).
My children were taught to say a number of things. "I do not consent to a search of my (car, person, house, etc.-fill in the blank)". "Am I free to leave?". "I want a lawyer, please." "May I see the warrant, please?" "What crime am I suspected of committing?", etc.... 😀
The sad thing is many people do not know their rights. What if the person is an immigrant who becomes an American citizen?
Law enforcement should reflect the ethnicity of the communities they serve so they understand the nuances of local culture and how to "sling that slang."
Louisiana has a rich and diverse culture. The music, food and friendly people make it one of my favorite places. Find it hard to believe the police officer did not understand Warren was asking for a lawyer.
@@dcnative1618 Typically, law enforcement is representative of the communities they serve (minus the prior criminal convictions portion) as most jurisdictions require residency in the community. They KNEW he wanted an "Attorney" and NOT a "Lawyer Dawg". I'm not suggesting that the police do not have a responsibility here- but if a person's individual rights are important to them- they have a DUTY TO THEMSELVES to learn what those rights are. JMO.
People are often concerned that it will make them look guilty or something...
That is why I like the phrase "I will cooperate fully with the assistance of an attorney"
This was very interesting. I never knew the story behind the Miranda warning. I'm glad he was retried and found guilty despite the prosecutor not being able to use his confession. And yes, I agree that was pretty silly of the Court to rule that the other guy hadn't invoked his right to an attorney because he said lawyer dog. Crazy!
Lawyer dog...wow. LOL
When dealing with professionals, use your professional vocabulary.
@@minirock000 Professionals are supposed to be adept at what they do. Not understanding common slang and language is decidedly unprofessional and ignorant I would think.
I'm picturing a labrador in a suit wearing glasses and now I want a lawyer dog.
🐕 In a dog eat dog world of canine capers, it's *"Lawyer Dawg" J.D. (Juris DoGG)*
_Coming this fall on Animal Planet._ ❤️
🤭😆
But no matter how heinous Ernesto's crimes, how awesome is the magnitude of that attorney's appeal to the Supreme Court. It wasn't about Ernie. It was about humanity. It was about people brought up in such dysfunction that they have never ever been able to ask for help and expected to get that help.
Your life depends a great deal on what type of upbringing you have. I believe that but it is also true that you can't make a silk purse out of a sow's ear. This is a tough world to survive in.
I agree with you absolutely. Everyone should get a lawyer, period.
I didn't know lawyers specialized in menstruation.
@@dionysusnow 🤣🤣🤣
My lawyer is a dog. He's pretty good, although he tends to run off after squirrels every time one comes near. I wish he wouldn't do that, but it's not really a big deal.
He might object if the police were beating a confession out of you and they didn't have any treats.
Oh geez. The police were splitting hairs. They knew what he meant and it’s spelled “dawg.” It’s street slang, unless he was talking about McGruff the Crime Dog which I highly doubt. As always, love your dry humor!
🐕 In a dog eat dog world of canine capers, it's *"Lawyer Dawg" J.D. (Juris DoGG)*
_Coming this fall on Animal Planet._
The man didn’t actually invoke his right to an attorney, he was very ambiguous and said something like “if you think I did it then I want a lawyer, dawg” that was the basis
I said the same thing except I forgot about the little cartoon character you made me laugh 🤣🤣🤣🤣🤣
@@eriknervik9003 Ok, then they should’ve asked “would you like an attorney?” I don’t see the point in your statement. Not every one is schooled on their rights when they are being interrogated or arrested, or that they don’t have to answer anything without a lawyer present
@@eriknervik9003 Can't tell if serious
Dang man, Dr Grande uploads twice on UA-cam, while also uploading on Patreon! What a total rock star!
I absolutely agree with you, Dr. Grande. It’s absurd that it has become the SOP at police departments to evade the suspect’s right to a lawyer by almost any means.
Exactly. Just because you ask for a lawyer, doesnt mean they get you one quickly, and it doesnt mean they cant continue to ask you questions in the meantime. If you accidentally respond to one of their baiting leading questions without your lawyer, they consider that "waving your right".
This guy is not a Doctor, he's a fraud.
Ohh! Thank-you, Dr.Grande! I don't live in the US, Ive always wanted to learn why the heck it's called Mranda rights! It's a shame Ive never tried to look it up, even tho I love watching 'Law and Order' episodes. Lazy of me.🙈💔 Id love to listen to more of your speculation on historical events.
Haha right? I'm sometimes so surprised at the stuff I DON'T look up!
Fellow Law & Order fan 🙋🏽♀️
Could you analyze the life and murder of Bob Crane? Always enjoy hearing your perspective, thanks!
I agree
I agree, forgot about this guy, but remember he was good in TV series; all the actors were. Had a partner?in his lascivious behavior outside his work, who rumor had it, bludgeoned him to death with a lamp shade? over something and got away with it.
We need that case. I know it’s still an open cold case so it’s not clear if he’s allowed to talk about it
I believe that Dr Grande has already addressed this. Check previous work.
I’d never heard of this case, very interesting, thank you. I’ll check further in this channel, too.
Yesss king go offff 2 in one day!! 👑
Yes how awesome. 2 in one day!!👍😊
You spoil us, Doc! Thanks for another great analysis, it’s been great seeing your channel growing these last few years :)
7:21
_"Item #2, in June of 2022, the Supreme Court made a ruling which weakened the effect of the Miranda case. They concluded that if law enforcement fails to give somebody a Miranda warning, the person does not have the right to sue law enforcement for a federal civil rights violation. Essentially, this ruling means that the police to not have to face consequences for violating the law..."_
Uh... isn't that kind of messed up?
Journal entry, comment posted at 9:24 pm MT from Sandi stating, "Yes. That's messed up. Very messed up indeed. Hopefully the ruling will be appealed."
Criminals already have their rights. We don't need them suing the police all the time for nonsense.
I'd call it a legally endorsed invitation to gaslight the suspect. Sad and sic.
@@jaymike3302 no, they don't "have " their rights. If your rights are not respected, how do you "have " them? I'm assuming you have never been caught doing anything wrong in your life. Mr. Judgmental. By the way, " criminals " are varied and not all people who get in trouble are bad. They just got caught. Police get away with breaking the law all of the time, they are criminals too.
@@jaymike3302 Criminals? WTF. The people being questioned, are not necessarily criminals. There's a small matter of this little thing called 'presumption of innocence'.
If you decide from the outset, that the people being questioned are CRIMINALS, then it's no wonder you think they have sufficient rights already and don't have any justification for suing the police for misconduct and corruption.
Perhaps you might appreciate such avenues of recourse, if that shoe was on your own innocent foot.
Thank you for educating me on the origin of the Miranda Rights.
I actually did a bit of research on this over the weekend. Glad to hear it in your words doc
Meanwhile the Court just ruled that even if you had ineffective assistance of counsel, even if on death row, new evidence can’t be considered.
@Bella Maz, this has been the case for decades. It isn't new although maybe a Court just reinforced the ruling (again.)
Thank you for a very informative analysis Dr. Grande. I never realised that the act of Mirandising a suspect came about because of a specific case. I've learned two new things .. the other being about lawyer dogs 🤣
It's crazy how some of the building blocks of our reality which we take for granted and hard fast rules we're just laid only a few decades ago....
Yes it truly is. And the Miranda is what as I recall it being purported to me.
Glad I was here for that. I liked to have thought we progressed as a nation, recent events raise serious doubts. 😒
Constitutional law, as it relates to criminal investigations, is extremely interesting. During my 27 year career in law enforcement, there were many nuances of the law that changed. Add to that all the technology changes that then became case law after trials.
Thank you for helping people know their rights.
My favorite Dr Grande video yet. I am so done! (As in LOL for clarification just in case).
As hilarious as it was, depriving people of their rights is no joke. What folks should also know is to shut up! Say you ask for a lawyer in a way they understand and you are sitting with the interrogator waiting for the lawyer arrives. You get nervous so you start talking about the weather and they are able to turn to convo back to the crime, you willingly spoke without provocation. You have again waived your right to remain silent. They can and will use these words against you. Well done Dr.
Thanks for the quality analysis/history lesson, Dr. G!
What?! Doc, I was born at Good Sam in 1982. Our small world just got even smaller, my friend!
All of that aside, this was an incredibly intriguing episode. I had never heard the origin story behind the Miranda Warning. Quite fascinating, especially considering it all began in my hometown. Thanks for sharing, as always, kind sir -- and please, keep up the fantastic work!
I love Grande's digs on the police. They are often justified, well timed, and genuinely funny.
Your unchanging tone when you talk about a 'lawyer dog' is hilarious 😂
Cops aren't very good at communicating. My friend worked in the county Sherrif's office typing police reports. She would have go and ask the cops what exactly they were trying to say.
Learning all this. It really is funny how the police and courts genuinely wonder why the publics trust in them has tanked so badly. Yet there’s still people that will ardently defend them and stand up. Meanwhile if the cops are told to stomp out those defenders? They’ll gladly do so.
Criminals already have their rights. We don't need to tie the police's hands and have criminals suing for nonsense.
@@jaymike3302 Very presumptuous of you to think that law enforcement never make mistakes (either unintentionally or deliberately), and you only ever get arrested because you're a 'criminal'. Better hope there's no-one with the same/similar name as you committing crimes... or your ID doesn't get sold online to fraudsters.... or you don't piss off someone & they falsely report you to the cops. Because it's law-abiding citizens who get screwed over worse than criminals by assuming the cops will always do the right thing.
@@jaymike3302 bootlicker
9:38 🤣🤣🤣
I've been watching your channel for a year now. You always seem to approach topics in a rational, intellectual way with a splash of my favor kind of humor. Keep 'em coming!
You raise an excellent point at the end, specifically about people with disabilities; this is definitely a concern of mine.
I've got ADHD with pretty severe symptoms. Even on my best days, if something goes ridiculously off track I'll just forget or overlook some basic or obvious things - both in my narrative, and in the steps to navigate a foreign situation.
While watching Jennifer Pan's police interview on JCS*, it really struck me hard how most of what they pointed out - from her behaviour, to how her story 'changed', to small details about the event not lining up - were all things that I've done in conversations with authority even when I know the conversation's going to happen. Further 'research' has pretty much assured me that if I'm found at the scene of a major crime _and questioned alone,_ they'll be looking at me with major suspicion.
That's pretty scary, but also has empowered me to learn more about my rights both as a citizen and one with a disability. I know I'm far more likely to remember what to do because I've put conscious thought into it.**
What's way scarier is the many neurodivergent people who don't know this, or can't understand, or wouldn't have the tools to prepare for this interaction that might never happen. If thrust into this situation we're at an even bigger disadvantage than a neurotypical person already is.
And I'm not only taking about innocent individuals, here, because even when actually guilty of _any_ crime we _all_ still have certain rights and we're all still at risk of being misinterpreted, misunderstood, or manipulated.
So, yeah. You're absolutely right, having a lawyer present - dog or otherwise - should just be the standard for any questioning, not by special request.
Thanks for the opportunity to promote my 'conscious thoughts' to 'statement' status. 👍🍍
* _JCS is a UA-cam channel focused around police interviews and interrogations._
** _'Conscious thought' includes things like not chattering away like I tend to do with people who show an interest, wording of the statement about talking with a lawyer, and being aware that in Canada they can keep asking questions regardless._
I love your true crime content but I am especially tickled when you do these types of analysis. So interesting.
Conversely, one might start listing any sort of conceivable being that could practice law. Give me a lawyer, dog. Give me a lawyer, cat. Give me a lawyer, brother, sister, mother, father. Give me a lawyer, drop bear. Just start throwing things out there so there can be no mistaking that this person wants a lawyer of any species present.
Give me a lawyer can opener.
I love this!! Gracious, thank you so much Dr. Grande. I learn so much on this channel. I love the videos. Blessings to you and all your channel followers ❤
You get an A+ for your world-class riff on the “lawyer-dog-ambulance chaser” thing. Sarcasm is my favorite mode.
That was really interested. I had no idea where the Miranda rights came from. Love the humour. Thank you Dr Grande. Brilliant analysis and sad outcome. Informative topic
Of goodness gracious Dr. Your dry sarcastic humor of the stupidity of law enforcement is so hilarious, I actually now have begun each day, by watching you newest release. I gotta have ya to enjoy my day. Ya know what? If this podcast thing doesn’t work out, you could have a big career in comedy writer. You are the best there is, and that’s no joke.
1,000,000% you are right about the right to a lawyer. Thanks for your analysis and your sense of humor.
More Grande today … let’s do this. Thanks for an interesting one. I don’t know much about this story. We all need to know why there is such a Miranda warning.
Hi there dr. Grande, I have a quick question for you. Do you still practice as a counselor or do you do UA-cam and stuff full time now? The reason I ask is because the sheer amount of content you put out is seriously impressive. That coupled with the very high quality of the content and amount of research you have to do is amazing to me even if you do do UA-cam full time.
I would like him for a counselor
Dr Grande is a consultant, or was.
I love how you are able to review and explain things with a hit of humor. 2022 is just as crazy as 2020
Oh my goodness, Dr. Grande, I don't know what to say, you are simultaneously genius and hilarious, thank you 😆
Thank you, again, Dr Grande. This is a particularly good one. Better and better. 👍❤🍺
I watch Dr. Grande's videos almost every single day, but the dry humor & sarcasm of this video in particular had me rolling over in laughter... not unlike a lawyerdog rolls over when he, himself, also finds Dr. Grande's video's absolutely hilarious.
that's crazy you were born at Good Samaritan? My mom used to work there when we first moved to AZ.
Also, I still live in arizona and I've been arrested a few times (I wasn't doing that great a few years ago) and I can specifically remember like 2 separate times where they didnt read me my rights.
i wish you had a third channel dr. grande, where you only do some kind of stand up about interesting cases or people. your deadpan, dry humor gets me every time, even when the crime is cruel and/or sad. you make terrible stories enjoyable to listen to, even when they are not funny in any way. thank you for that !
A perfect example of legislating from the bench. Why President Eisenhower said choosing Earl Warren as Chief Justice was his biggest regret.
The analysis is wonderful. You're very knowledgeable.
Thank you for the laughs and the good advice.
It's almost 5 AM here and I just couldn't resist to sleep with another great analysis video of Dr Grande. Wish y'all a great day and also a good night❣️✨️❤️✨️😅
I would never have thought this right was that recent! So interesting and funny told by yours truly.....😇
The rights embodied in the Miranda warning are much older and have existed in various forms for a long time. The supreme court dictated the explicit advisement must be given. Since the ruling, investigators and interrogators have been trying to find subtle ways to skirt it. Always under the argument that it is the only way to catch criminals. They made the same arguments when Miranda was decided.
Awesome, Dr. Grande!! thank you!
This was a very informative video! Never knew the origin of this warning. Thanks, Doc.
2 uploads in 1 day. We've been blessed. Thank you so much Dr. Grande! 😊 And aww at the bit about the hospital you were born in haha.
You are one of the funniest people I watch. And you are brilliant, obviously. Keep up the great work 😊
Exercise your right to remain silent and say you want a lawyer.
Could you do one on the gun culture in the United States? Would love to hear your analysis of that. You are the best at helping me understand human behaviour. Thanks for your hard work.
Brownie Hendricks: Me too! I would love to hear Dr Grande's views on the possible prevention of mass shootings.
Great video! Thanks Dr. Grande!
So interesting to learn where the Miranda Rights came from! Excellent analysis, Dr. Grande! ❤️
Two videos in one day! You spoil us!
Dr.Grande
You know what I totally dig about you, you stay u 🕊️
The best part of this video. Is the commercial and your smile and that gorgeous shirt.🥰
Thank you.
Peace 💕🇺🇲
Excellent video , thank you.
I never knew how the Miranda warning got its name, so thank you for covering this topic. Also, oh my gosh, I did NOT expect I'd be laughing through half of the video. Great humor! :`D
I’m dying with the lawyer dog jokes. 🤣🤣🤣🤣. On a serious note, this was very interesting and informative. I never knew the origin of the Miranda rights. Thank you ☺️.
Bonjour/bonsoir cher Docteur! Another brilliant analysis (and as always made me 😄) of un incredibly interesting case 😳,. What on earth is a lawyer DOG though ? Im so impressed and delighted to be subscribed to your channel. You are the best! 🤩 👍👏 Merci!
Hello Dr Grande... always nice to see your lovely face. I have not watched for a while so now it's time to catch up. Thank you ❤️
Dr.Grande! You and I are of the same age :) Thank you for this history lesson.
When I was a Lawyer I gave Miranda Warning cards away for free. All over the world Judges help the Police as if they are little old ladies trying to cross the street.
Very interesting video Dr. Grande! I wouldn't known what Miranda rights originated from if not for this video.
I love how your sense of humour shines through. It's not disrespectful but just pokes fun at the absurdity of the situation. Maybe I do want a canine representative if I ever get on the wrong side of the law 🤔
Omg the lawyer dog had me dying…lawyer shark hahahah too funny!! You give me my daily dose of funny with every video!
I laughed too much at the Lawyer dog argument.
Thank you Dr. Grande. Interesting analysis. Could you analyze what might be going on with former talk show host and gossip queen Wendy Williams? Just a thought... I enjoy the work you do.
i love the history of the miranda warnings! thank you so much for this video ✨wishing you all the best, dr g! 🌵
and remember, kids: always ask for a lawyer and invoke the fifth ✌️🐶
Even better kids! Don’t commit crimes!!!
@@glasshalffull8625 as i’m sure you know, it’s not just people who commit crimes that are “interviewed”, so *_everyone_* needs to request a lawyer and invoke their right to remain silent
@@laabogadadeldiablo_ Would you have the same viewpoint if you or a family member gets kidnapped and I saw the suspect and license plate ??? Just curious. I eagerly await your reply.
@@glasshalffull8625 yes. see, that’s not the same thing because instead of being sought and detained by the police, it would be _you_ (i should hope) who’d be seeking out the authorities to provide your eyewitness testimony 🙄
you could also give that information anonymously, which allows you to help while simultaneously avoiding a potentially sticky situation
You are the best Dr. Grande!
3 am in GA and I'm up watching Dr Grande 😎💎
Thank you, i always wondered when watching American cop shows why it was called Miranda rights.
Dr Grande , you should try stand up comedy. I know you are a therapist but its never too late to be an artist. Im pretty sure you could put a stand up routine together that people would enjoy. Seriously. I really enjoy the content
Great topic!
Lawyer dog!! There's that dry humor I love so much!! 🤣
You are surely as intriguing as a dog with an atypical career in the law! Lol
Beautiful. Thank you.
Fascinating. I never knew the origins of the Miranda warning.
Such an interesting one. Thanks.
I agree with you absolutely Dr Grande.. Anyone don't talk to police if you were a suspect.. just get a lawyer to deal with them
Love your analysis and agree, if the word lawyer is used police should stop.
Dude! Your videos…content 100. Binge watched a few and your analysis is always thoughtful. Almost like you’ve done this before 🤣
Great video. 👍
I didn't know the story about how the Miranda rights came to be. Very interesting, and not quite what I would have expected. You had me giggling all the way through the "lawyer, dawg" incident. I think it's very good advice not to confuse the police by mentioning canines! 😂😂😂
So you're from Arizona Dr. Grande?!?!?!! No way! I'm from Arizona too. Been a big fan, great to see i learned something new just from continuing to watch your content.
I'm in stitches 🤣🤣🤣 the lawyer dog was hilarious!
I wa surprised that all that happened in the 60's. I thought those Miranda rights were from long before that.
So interesting!
Thanks Dr Grande 🙏
Awesome video dawg 🐩
I absolutely agree with you. Everyone should have a lawyer present when being questioned by the police. Police and the FBI can lie with impunity, but everyday citizens cannot. I call that a police state.
I laughed so hard as soon as you started with the whole "Lawyer Dog" speech!! 😂
Also had to laugh just hearing you say "So why don't you just give me a lawyer dog, cuz this is not what's up." ;D;D
Here in the UK we still have an option to speak without an attorney, but there's no suspicion attached to requesting one. I know there isn't supposed to be in the US, but I've seen enough American true-crime and cop shows to known there often is. Also, here the police will still go ahead and interview you with a lawyer present. You can refuse to answer any questions, your attorney can interrupt and advise you, and you can request to speak privately with your attorney at any time. I've never understood the idea that having a lawyer completely shuts down any interview or interrogation. Excellent video as always Dr. Grande.
Wow, super cool you were born at the same hospital!
I guess the cacti make more sense considering you were born in Phoenix.