District Attorney:
I've just been looking over your arrest report. A very unusual piece of police work. Really amazing.
Callahan:
Yeah, well I had some luck.
District Attorney:
You're lucky I'm not indicting you for assault with intent to commit murder.
Callahan:
What?!
District Attorney:
Where the hell does it say you've got a right to kick down doors, torture suspects, deny medical attention and legal counsel. Where have you been? Does Escobedo ring a bell? Miranda? I mean, you must have heard of the Fourth Amendment. What I'm saying is, that man had rights.
Callahan:
Well, I'm all "broken up" about that man's rights.
District Attorney:
You should be. I've got news for you, Callahan. As soon as he's well enough to leave the hospital, he walks.
Callahan:
What are you talking about?
District Attorney:
He's free.
Callahan:
You mean you're letting him go?
District Attorney:
We have to, we can't try him.
Callahan:
And why is that?
District Attorney:
Because I'm not wasting a half a million dollars of the taxpayer's money on a trial we can't possibly win. The problem is, we don't have any evidence.
Callahan:
Evidence? What the hell do you call that? [He gestures toward Scorpio's weapon]
District Attorney:
I call it nothing, zero.
Callahan:
Are you trying to tell me that Ballistics can't match the bullet up to this rifle?
District Attorney:
It does not matter what Ballistics can do. This rifle might make a nice souvenir. But it's inadmissible as evidence.
Callahan:
And who says that?
District Attorney:
It's the law.
Callahan:
Well then, the law is crazy!
District Attorney:
This is Judge Bannerman of the appellate court. He also holds classes in Constitutional Law in Berkeley. I've asked him for an opinion — your Honor?
Judge Bannerman:
Well, in my opinion, the search of the suspect's quarters was illegal. Evidence obtained thereby, such as that hunting rifle, for instance, is inadmissible in court. You should have gotten a search warrant. I'm sorry, but it's that simple.
Callahan:
Search warrant!? There was a girl dying.
District Attorney:
She was in fact dead according to the medical report.
Callahan:
But I didn't know that.
Judge:
The court would have to recognize the police officer's legitimate concern for the girl's life, but there is no way they can possibly condone police torture. All evidence concerning the girl — the suspect's confession, all physical evidence — would have to be excluded.
Callahan:
(sighs) There must be something you can get him on.
Judge:
Without the evidence of the gun and the girl, (half chuckles) I couldn't convict him of spitting on the sidewalk. No, the suspect's rights were violated, under the Fourth and Fifth and probably the Sixth and Fourteenth Amendments.
Callahan:
And Anne Marie Deacon, what about her rights? I mean, she's raped and left in a hole to die. Who speaks for her?
District Attorney:
The District Attorney's office, if you'll let us. I've got a wife and three kids. I don't want him on the streets any more than you do.
Callahan:
Well, he won't be out there long.
District Attorney:
What is that supposed to mean?
Callahan:
I mean sooner or later he's gonna stub his toe and then I'll be right there.
District Attorney:
This office won't stand for any harassment.
Callahan:
You know, you're crazy if you think you've heard the last of this guy. He's gonna kill again.
District Attorney:
How do you know?
Callahan:
'Cause he likes it.
