Breaking Bad on AMC (1 Viewer)

[Limp Ditka]

http://gawker.com/miley-cyrus-humps-breaking-bad-gives-birth-to-flawless-1203574496?utm_campaign=socialflow_gawker_twitter&utm_source=gawker_twitter&utm_medium=socialflow

 

[dparker713]

I don't see how Walt owning the car wash and having some cash hurts his taped confession. Its easy enough to claim that the real owner of the car wash isn't Walt, but infact its Hank. The title is in Walt's name for appearances only. Everything merely a front.

Um...I don't think you understand the concept of laundering money. If you do it just to hand it off under the counter to someone else, well...

I'm sure I do understand the concept of laundering money. The concept is to provide a seemingly legitimate means of spending beyond what you could normally afford, like say a charitable gift between family members.

I think you're overstating the importance of who's name is on the car wash title and who's paying the taxes on that money. Plus, as we know an operation the size of Walt's generates far more revenue than any small business could launder. So Walt having some visible cash isn't nearly enough compared to how much the kingpin should have made.

I'd imagine your point is the one Walt would try to make.

But the bold is important. Walt would be trying to weave one wild tale, with the kingpin not show much profit from the venture (other than the treatment).

Anyway, we shouldn't be talking about this. This thread is for making tired jokes about a poor question tim asked 30 pages ago.

But it really isn't important, because it's not like they're going to go before a judge or a panel and argue about who was the kingpin some time soon. The purpose of the confession was to present enough complications to corner Hank and force him to back off for now. Hank might think he'd win the argument if there ever were one like that, and he might even be correct, but that doesn't matter at all. The tape beats Hank to the punch. Hank was having enough trouble compiling credible evidence to take to the feds before; how does it look if he does it after Walt records a tearful confession about his brother in law destroying his life? Even if he'd eventually be vindicated, it would now take far longer than before and Walt would almost certainly be long dead.

I was mentioning it in terms of Hank going to the DEA. I know Walt mentions as something to be released if shows up murdered, but we can assume he'd take the same route if Hank went to the DEA (in which case Hank would've beat him to the punch).

I agree that it'll certainly prevent Hank from going to the DEA. I'm just not convinced he shouldn't, but that's probably been beat to death.

No, the confession was already recorded and presumably has some sort of time stamp.

I'd still consider Hank taking his suspicions and that video (confirming them) to the DEA as beating Walt to the punch on it. Not as good as taking his suspicions in immediately, but at least it was after his meltdown and having agents take him Heisenberg case files to his garage. Hank would need them to believe that video was made after he became suspicious, and there's evidence to support that.

Certainly far better than that video showing up at the DEA without Hank ever mentioning his suspicions, which would only happen in the gutted Walt scenario.

The fact that the confession exists is evidence that hank knew about Walt and withheld it from the DEA long enough for walt to come up with a DVD.

Sure, I wanted him to take "Leaves of Grass" straight from the can to the DEA.

But he still might be able to get around it, saying he wanted to get some actual evidence (which Walt just gave him) before bringing it to them.

It's not ideal, but if the DEA is ever going to learn of Walt's involvement, Hank's only shot is bringing it to them before they find out some other way.

This video is just more proof that every day he waits is a mistake.

Walt's put him in a terrible spot, and that's not lost on me. I just think coming clean is still his best option between a couple of awful ones.

Leaves of Grass is inadmissible. Hank took it without a warrant.

 

[Sarnoff]

Leaves of Grass is inadmissible. Hank took it without a warrant.

Did you miss the discussion around episode 1? No warrant needed for plain sight.

 

[Psychopav]

Leaves of Grass is inadmissible. Hank took it without a warrant.

Did you miss the discussion around episode 1? No warrant needed for plain sight.

Kind of hard to establish chain of custody when it's been in your garage for a week. Especially when you're accused of being the ringleader in a criminal conspiracy with the chemist you are accused of trying to frame.

 

[dparker713]

Leaves of Grass is inadmissible. Hank took it without a warrant.

Did you miss the discussion around episode 1? No warrant needed for plain sight.

That's laughable. Leaving aside that Hank was in Walt's house without even reasonable suspicion, the incriminating evidence was under magazines and inside the pages of a book. Plain sight means exactly that - plain sight. Having a copy of Leaves of Grass is hardly an indication of criminal activity.

 

[Christo]

Leaves of Grass is inadmissible. Hank took it without a warrant.

Did you miss the discussion around episode 1? No warrant needed for plain sight.

Search and seizure. While it may have been in plain sight, he still needed a warrant to seize it.

 

[babydemon90]

Anyone hear about Bryan Cranston getting cast as the next Lex Luthor?

 

[pollardsvision]

Leaves of Grass is inadmissible. Hank took it without a warrant.

I just meant using it as a catalyst to launch a DEA investigation.

Whether the book itself is admissible or not, he needed to take his suspicions to the DEA.

 

[Maurile Tremblay]

Hank was in Walt's bathroom going through the magazines with Walt's consent. No need for a warrant when you have consent.

 

[Christo]

Hank was in Walt's bathroom going through the magazines with Walt's consent. No need for a warrant when you have consent.

I don't remember Walt giving Hank his consent to seize it.

 

[Politician Spock]

Leaves of Grass is inadmissible. Hank took it without a warrant.

Did you miss the discussion around episode 1? No warrant needed for plain sight.

Search and seizure. While it may have been in plain sight, he still needed a warrant to seize it.

It was neither an illegal search, nor an illegal seizure. If one is warranted, so is the other. They aren't mutually exclusive of each other. By being an invited guest, it's all warranted.

 

[shuke]

What a great show. Unbelievable how they NEVER leave a stone un-turned in the history of the show.

I didn't want to believe Gekko, because I thought that the Walt turning Hank in storyline just wouldn't work. Yet, there were elements that made PERFECT sense. Most notably, the 177k medical bills. That has been hanging out there for a couple years, just waiting to get used. There was no chance we were getting to the end of this series without it playing a part.

If Hank was running a meth empire why would he need Walt to pay his medical bills?

 

[Maurile Tremblay]

I don't do criminal law, but I've read a few things about the exclusionary rule on the Internet.

It's true that consent to a search (or, in this case, consent to simply being on the property and acting like a normal houseguest) doesn't automatically include consent to seize any evidence found during the search. Whether a warrant is required to seize such evidence will depend on the totality of the circumstances -- how easy is it for the property to be destroyed while waiting for a warrant, etc. I don't think the answer is completely clear cut in this case.

I also think the plain view exception is relevant. A warrant is not needed to seize evidence in plain view. For an item to be considered "in plain view," an officer can't move stuff around during a search to reveal it. But in this case, magazines were moved around and the book was revealed not when an officer was conducting a search, but when a houseguest was taking a dump. Once the book was revealed -- incident to a dump, not to a search -- it was then in plain view. If the houseguest had been a non-cop rather than an off-duty cop, and he inadvertently revealed the evidence in front of a cop so that it was then in plain view, I think the cop could seize it without a warrant (provided that the cop was on the premises legally -- e.g., with consent). The water is muddied here because the houseguest and the cop are the same person; but I wouldn't give up that fight if I were the prosecutor.

I don't think Hank took Leaves of Grass with the idea that it would be admissible. Even if it's admissible, it's pretty weak as evidence that Walt is Heisenberg. So I don't think its admissibility matters very much. But as for whether it really would be admissible, I don't think it's completely black and white. I think it's an interesting enough question that it could appear on a crim pro exam.

 

[Raider Nation]

What a great show. Unbelievable how they NEVER leave a stone un-turned in the history of the show.

I didn't want to believe Gekko, because I thought that the Walt turning Hank in storyline just wouldn't work. Yet, there were elements that made PERFECT sense. Most notably, the 177k medical bills. That has been hanging out there for a couple years, just waiting to get used. There was no chance we were getting to the end of this series without it playing a part.

If Hank was running a meth empire why would he need Walt to pay his medical bills?

This was asked a few times. I forget who wrote it, but I think the best reply is that Hank had all the "extras" on top of what would normally be covered, and that might be hard to explain given his salary.

 

[Tiger Fan]

Ok please explain this to me:

Walt tricked Jesse into thinking that Fring had poisoned his girlfriend's son Brock by having Saul's bodyguard swipe a ricin-laced cigarette from Jesse's pocket,

BUT Brock was poisoned with the Lilly of the Valley plant not Ricen and by Walt and not Fring,

Soooooo how did Jessie see that Walt poisoned Brock with a Lilly of the Valley (NOT RICEN) when the bodyguard stole Jesse's pot.

Someone please answer this - it is killing me.

Jesse realized that Walt used the missing ricin to manipulate him against Gus. To have Brock get sick at the same time and when Wlat needed Jesse the most is too much of a coincidence.

Am I carazy, but didn't Walt made Jessie think he left the cigarettes out when he was ####ed up and Brock got a hold of the ricin.

 

[shuke]

What a great show. Unbelievable how they NEVER leave a stone un-turned in the history of the show.

I didn't want to believe Gekko, because I thought that the Walt turning Hank in storyline just wouldn't work. Yet, there were elements that made PERFECT sense. Most notably, the 177k medical bills. That has been hanging out there for a couple years, just waiting to get used. There was no chance we were getting to the end of this series without it playing a part.

If Hank was running a meth empire why would he need Walt to pay his medical bills?

This was asked a few times. I forget who wrote it, but I think the best reply is that Hank had all the "extras" on top of what would normally be covered, and that might be hard to explain given his salary.

But how is Walt paying for Hank's medical bills evidence that Hank is running a meth empire with Walt as his cook? This is what Walt is threatening to come forward with.

If what Walt is claiming is true, Hank wouldn't need Walt's money.

 

[timschochet]

Just watched it with my wife tonight. (I had a FF draft last night.)

Some of you guys are way too critical. I thought it was another great episode.

 

[Premier]

What a great show. Unbelievable how they NEVER leave a stone un-turned in the history of the show.

I didn't want to believe Gekko, because I thought that the Walt turning Hank in storyline just wouldn't work. Yet, there were elements that made PERFECT sense. Most notably, the 177k medical bills. That has been hanging out there for a couple years, just waiting to get used. There was no chance we were getting to the end of this series without it playing a part.

If Hank was running a meth empire why would he need Walt to pay his medical bills?

This was asked a few times. I forget who wrote it, but I think the best reply is that Hank had all the "extras" on top of what would normally be covered, and that might be hard to explain given his salary.

But how is Walt paying for Hank's medical bills evidence that Hank is running a meth empire with Walt as his cook? This is what Walt is threatening to come forward with.

If what Walt is claiming is true, Hank wouldn't need Walt's money.

Because if Hank was a drug lord he wouldn't flaunt around 177k that he can use to easily pay off treatment. If Walt's story were accurate, then it would reason that Hank bullied him into making those payments.

 

[Christo]

Leaves of Grass is inadmissible. Hank took it without a warrant.

Did you miss the discussion around episode 1? No warrant needed for plain sight.

Search and seizure. While it may have been in plain sight, he still needed a warrant to seize it.

It was neither an illegal search, nor an illegal seizure. If one is warranted, so is the other. They aren't mutually exclusive of each other. By being an invited guest, it's all warranted.

You're going to have to provide a citation for that. It's my understanding that the police can only seize "contraband" that is in plain sight--such as drugs.

 

[Leeroy Jenkins]

What a great show. Unbelievable how they NEVER leave a stone un-turned in the history of the show.

I didn't want to believe Gekko, because I thought that the Walt turning Hank in storyline just wouldn't work. Yet, there were elements that made PERFECT sense. Most notably, the 177k medical bills. That has been hanging out there for a couple years, just waiting to get used. There was no chance we were getting to the end of this series without it playing a part.

If Hank was running a meth empire why would he need Walt to pay his medical bills?

This was asked a few times. I forget who wrote it, but I think the best reply is that Hank had all the "extras" on top of what would normally be covered, and that might be hard to explain given his salary.

But how is Walt paying for Hank's medical bills evidence that Hank is running a meth empire with Walt as his cook? This is what Walt is threatening to come forward with.

If what Walt is claiming is true, Hank wouldn't need Walt's money.

Marie wasnt in on it and hank being basically an invalid did t have access to his cash, so he made his employee give Marie money for it.

 

[Maurile Tremblay]

It's my understanding that the police can only seize "contraband" that is in plain sight--such as drugs.

This article seems pretty good, and says that, "[o]riginally, the plain view doctrine applied only to contraband but has been extended to evidence generally."

 

[Christo]

It's my understanding that the police can only seize "contraband" that is in plain sight--such as drugs.

This article seems pretty good, and says that, "[o]riginally, the plain view doctrine applied only to contraband but has been extended to evidence generally."

Okay, but Hank's seizure of the book still seems to go beyond what that article says is permissible: A seizure is lawful under the plain view doctrine where the officer was in a place he or she had a right to be at the time the evidence was discovered and it is immediately apparent that the items observed are evidence of a crime. State v. Bone, 354 N.C.C. 1, 550 S.E.2d 482 (2001); State v. Mickey, 347 N.C. 508, 495 S.E.2d 669 (1998); State v. Harper, 158 N.C. App. 595, 582 S.E.2d 62 (2003). In the plain view context, the phrase “immediately apparent” is satisfied only where the police have probable cause to believe that what they have come upon is evidence of a crime. State v. Graves, 135 N.C. App. 216, 519 S.E.2d 779 (1999).

The book was in a stack of books & magazines and had to be opened and read before it became apparent to Hank that it was actually evidence.

 

[NutterButter]

Correct me if I'm wrong.

Huell only took the weed. He did not take the phone. He did not put any cigarettes in Jesse's sweatshirt.

Huell just took the weed. Jesse just put it all together when he noticed his weed was lifted. He was staring at his cigarettes recalling the ricin.

Exactly. I don't know what was so hard about that, but reading the harebrained ideas over the last few pages has been painful.

I get it now but I couldve used a flashback of the Ricin/Brock scene as Jesse puts all the peices together in his mind. Never wouldve remembered that on my own. I didnt even remember who Brock was. Its not like that was the only time Walter secretly betrayed Jesse.

I've got over a dozen shows going on throughout the year. I can't be expected to remember those types of details from 2 years ago.

 

[timschochet]

Even if the Leaves of Grass book was admissible in a court of law, what does it prove?

 

[PlasmaDogPlasma]

Even if the Leaves of Grass book was admissible in a court of law, what does it prove?

That Gale was a little bit of a fruitcake.

 

[BustedKnuckles]

You guys are REALLY OVERTHINKING THIS.

The tape is NEVER MEANT TO STAND UP IN A COURT OF LAW

It's only meant to keep Hank from going forward. Walt himself says this TWICE during the show.

First he says "this is the only way" before he records it.

Then, later on he assures Skyler that things are fine now once they left the DVD with Hank. The only purpose of the DVD is to scare Hank and keep him from going forward. That's it! Walt wants no part of a criminal investigation because he would be HOSED. He would lose his money in the desert, and his entire purpose is to keep his kids cared for long-term.

The ONLY WAY that happens is if Hank just shuts up forever. Also, Walt and Sky know that Hank didn't know about the medical bills either. That revelation will do Hank in.

Hank truly has no options left, aside from Jesse or possibly Lydia and the gang, if he somehow found out about them.

That being said, Walt's plan is fraught with problems, and though he thinks he figured it all out, obviously that didn't buy him much time, as he mishandled Jesse and that is his undoing.

Hank has a lot more experience with DEA prosecutions and courts of law than we do. He is going to be thinking ALL THE SAME THINGS that we are, and more. Yes, in the show it will almost certainly never even see the light of day, but the point of the discussion is to decide where Hank decides the chips will fall - so the discussion has plenty of merit. We're only overthinking it as much as Hank will.

That's why the bug in his office might become more important. That's something that he doesn't know about. I could see him putting everything together like we have, weighing the pros and cons, bringing it to Walt to give him another chance to turn himself in before Hank goes to the DEA himself, and Walt springing the info. he learned from the eavesdropping as an ace up his sleeve.

Whether that happens or not, though, Hanks line of thinking is going to be closely aligned with the points raised in this thread. So I'd say if anything, maybe you are REALLY UNDERTHINKING THIS.

I don't think so. Obviously we will see as things go forward, but I think the video stopped Hank in his tracks for good. Only Jesse's testimony will be enough to put Hank over the edge. With Jesse, Hank can go forward and they can prove that the video was a lie. Without him, Hank was cooked, which is why the video was so brilliant. It was a simple, in-your-face plan that ended Hank's ability to move forward.

and walt gave hank and marie every chance to back off in the name of family....so plan B was put into play...Walt has been outsmarting everyone since he started his meth business.

 

[timschochet]

So far this season, despite Hank knowing, Walt has been able to maintain his "normal life", just as he has managed to do throughout the entire series. We know from the flash forward that this will not last. With 5 episodes left in the series, and with Jesse apparently trying to burn Walt's house down, does Walt's "normal life" end next episode? I think it may. The next 5 episodes may feature Walt on the run...

 

[BustedKnuckles]

So far this season, despite Hank knowing, Walt has been able to maintain his "normal life", just as he has managed to do throughout the entire series. We know from the flash forward that this will not last. With 5 episodes left in the series, and with Jesse apparently trying to burn Walt's house down, does Walt's "normal life" end next episode? I think it may. The next 5 episodes may feature Walt on the run...

he certainly has enough money to run anywhere in world he wants...why would he stay in America? Something has to happen that deters him from fleeing the counrty

 

[Ghost Rider]

Walt might have a lot of money, but almost all of it is buried now in the desert, and if he is on the run, stopping to go dig it up won't exactly be that easy, I am guessing.

 

[Abraham]

Not to be rude, but did we really need tim here?

 

[timschochet]

Not to be rude, but did we really need tim here?

thanks for not being rude.

 

[Sarnoff]

Not to be rude, but did we really need tim here?

Has Tim really said anything stupid?

 

[Abraham]

Not to be rude, but did we really need tim here?

thanks for not being rude.

I like you. I do. I think you are smarter than given credit for. Please don't fuxk up this Threads.

 

[Raider Nation]

Not to be rude, but did we really need tim here?

thanks for not being rude.

Tim, not to be rude but everyone really, really hates you.

 

[Buckfast 1]

It's my understanding that the police can only seize "contraband" that is in plain sight--such as drugs.

This article seems pretty good, and says that, "[o]riginally, the plain view doctrine applied only to contraband but has been extended to evidence generally."

Okay, but Hank's seizure of the book still seems to go beyond what that article says is permissible: A seizure is lawful under the plain view doctrine where the officer was in a place he or she had a right to be at the time the evidence was discovered and it is immediately apparent that the items observed are evidence of a crime. State v. Bone, 354 N.C.C. 1, 550 S.E.2d 482 (2001); State v. Mickey, 347 N.C. 508, 495 S.E.2d 669 (1998); State v. Harper, 158 N.C. App. 595, 582 S.E.2d 62 (2003). In the plain view context, the phrase immediately apparent is satisfied only where the police have probable cause to believe that what they have come upon is evidence of a crime. State v. Graves, 135 N.C. App. 216, 519 S.E.2d 779 (1999).The book was in a stack of books & magazines and had to be opened and read before it became apparent to Hank that it was actually evidence.

I concur with your analysis of the "plain view" doctrine. In addition to that, Hank has had the book in his own personal garage for weeks now without notifying anyone. At this point, Hank could have easily written that note himself. There is no ####### way that book would ever be admissible in court.

 

[Jim11]

Just watched it with my wife tonight. (I had a FF draft last night.)

Some of you guys are way too critical. I thought it was another great episode.

This may be the first time that I've agreed with you on something...ever. Coincidently, I even had a FF draft Sunday night & watched the episode on Monday as well.

 

[Premier]

It's my understanding that the police can only seize "contraband" that is in plain sight--such as drugs.

This article seems pretty good, and says that, "[o]riginally, the plain view doctrine applied only to contraband but has been extended to evidence generally."

Okay, but Hank's seizure of the book still seems to go beyond what that article says is permissible: A seizure is lawful under the plain view doctrine where the officer was in a place he or she had a right to be at the time the evidence was discovered and it is immediately apparent that the items observed are evidence of a crime. State v. Bone, 354 N.C.C. 1, 550 S.E.2d 482 (2001); State v. Mickey, 347 N.C. 508, 495 S.E.2d 669 (1998); State v. Harper, 158 N.C. App. 595, 582 S.E.2d 62 (2003). In the plain view context, the phrase immediately apparent is satisfied only where the police have probable cause to believe that what they have come upon is evidence of a crime. State v. Graves, 135 N.C. App. 216, 519 S.E.2d 779 (1999).The book was in a stack of books & magazines and had to be opened and read before it became apparent to Hank that it was actually evidence.

Jesus Christ.

 

[Notorious T.R.E.]

Correct me if I'm wrong.

Huell only took the weed. He did not take the phone. He did not put any cigarettes in Jesse's sweatshirt.

Huell just took the weed. Jesse just put it all together when he noticed his weed was lifted. He was staring at his cigarettes recalling the ricin.

Exactly. I don't know what was so hard about that, but reading the harebrained ideas over the last few pages has been painful.

 

[Uwe Blab]

It's my understanding that the police can only seize "contraband" that is in plain sight--such as drugs.

This article seems pretty good, and says that, "[o]riginally, the plain view doctrine applied only to contraband but has been extended to evidence generally."

Okay, but Hank's seizure of the book still seems to go beyond what that article says is permissible: A seizure is lawful under the plain view doctrine where the officer was in a place he or she had a right to be at the time the evidence was discovered and it is immediately apparent that the items observed are evidence of a crime. State v. Bone, 354 N.C.C. 1, 550 S.E.2d 482 (2001); State v. Mickey, 347 N.C. 508, 495 S.E.2d 669 (1998); State v. Harper, 158 N.C. App. 595, 582 S.E.2d 62 (2003). In the plain view context, the phrase immediately apparent is satisfied only where the police have probable cause to believe that what they have come upon is evidence of a crime. State v. Graves, 135 N.C. App. 216, 519 S.E.2d 779 (1999).The book was in a stack of books & magazines and had to be opened and read before it became apparent to Hank that it was actually evidence.

Jesus Christ.

 

[Sabertooth]

Walt might have a lot of money, but almost all of it is buried now in the desert, and if he is on the run, stopping to go dig it up won't exactly be that easy, I am guessing.

Why. Just take a van out there and pick it up on your way to New Hampshire. Two hour detour on a 20+ hour drive.

 

[shader]

Correct me if I'm wrong.

Huell only took the weed. He did not take the phone. He did not put any cigarettes in Jesse's sweatshirt.

Huell just took the weed. Jesse just put it all together when he noticed his weed was lifted. He was staring at his cigarettes recalling the ricin.

Exactly. I don't know what was so hard about that, but reading the harebrained ideas over the last few pages has been painful.

I get it now but I couldve used a flashback of the Ricin/Brock scene as Jesse puts all the peices together in his mind. Never wouldve remembered that on my own. I didnt even remember who Brock was. Its not like that was the only time Walter secretly betrayed Jesse.

I've got over a dozen shows going on throughout the year. I can't be expected to remember those types of details from 2 years ago.

A good buddy of mine feels the same way. He feels that it was a stretch for Jesse to get that worked up over seeing a box of cigs in his pocket and had no recollection of the previous events.

If you examine it closely, it makes perfect sense why Jesse got so angry. But there is an argument to be made that a tv viewer isn't going to recall events from two years ago, and might need a little help and quite obviously there were many viewers who didn't "get it".

So even though I think it's one of the best episodes there has been, there Re many who don't and perhaps a tiny but of extra explanation might have been beneficial.

 

[Good Posting Judge]

Walt might have a lot of money, but almost all of it is buried now in the desert, and if he is on the run, stopping to go dig it up won't exactly be that easy, I am guessing.

He isn't exactly furtive in the flash forwards.

 

[shadyridr]

Not to be rude, but did we really need tim here?

Has Tim really said anything stupid?

 

[Wyld Stallyns]

Just watched it with my wife tonight. (I had a FF draft last night.)

Some of you guys are way too critical. I thought it was another great episode.

This may be the first time that I've agreed with you on something...ever. Coincidently, I even had a FF draft Sunday night & watched the episode on Monday as well.

Tim and Jim: http://youtu.be/QzBmQMyYDBk

 

[shader]

What a great show. Unbelievable how they NEVER leave a stone un-turned in the history of the show.

I didn't want to believe Gekko, because I thought that the Walt turning Hank in storyline just wouldn't work. Yet, there were elements that made PERFECT sense. Most notably, the 177k medical bills. That has been hanging out there for a couple years, just waiting to get used. There was no chance we were getting to the end of this series without it playing a part.

If Hank was running a meth empire why would he need Walt to pay his medical bills?

He wouldn't. It makes no sense. But I think that question is irrelevant for two reasons

1. Walt's intention in delivering the video is to threaten Hank and have Hank not turn Walt and his family in. Walt wants to go on living. That line about paying for Walt's medical bills made no sense to Hank. So he asked Marie, and learns that Walt DID pay 177k. Walt knew this would happen, and basically this was a way of letting Hank know that information.

2. If the dvd DID see the light of day, what's Hank going to say when the DEA asks Hank how he paid for those bills? "That doesn't make sense guys, if I was the kingpin, why would I have needed him to pay for the bills". "Well Hank, how did you pay for the bills". "Um....well Walt paid for them. But I didn't know!" He'd have no answer.

The fact that it might not make sense that a cook would pay for the medical bills of the kingpin is kind of irrelevant. Hank had 177k worth of medical bills paid for by Walt, and because of that, he's basically screwed.

 

[PlasmaDogPlasma]

I think Marie could have convinced Walt to kill himself if she had started her request with "Not to be rude Walt, but..."

 

[IvanKaramazov]

Not to be rude, but did we really need tim here?

At least tim isn't citing case law on the exclusionary rule as it applies to Walt Whitman.

 

[Politician Spock]

Not to be rude, but did we really need tim here?

At least tim isn't citing case law on the exclusionary rule as it applies to Walt Whitman.

 

[FlapJacks]

It's my understanding that the police can only seize "contraband" that is in plain sight--such as drugs.

This article seems pretty good, and says that, "[o]riginally, the plain view doctrine applied only to contraband but has been extended to evidence generally."

Okay, but Hank's seizure of the book still seems to go beyond what that article says is permissible: A seizure is lawful under the plain view doctrine where the officer was in a place he or she had a right to be at the time the evidence was discovered and it is immediately apparent that the items observed are evidence of a crime. State v. Bone, 354 N.C.C. 1, 550 S.E.2d 482 (2001); State v. Mickey, 347 N.C. 508, 495 S.E.2d 669 (1998); State v. Harper, 158 N.C. App. 595, 582 S.E.2d 62 (2003). In the plain view context, the phrase immediately apparent is satisfied only where the police have probable cause to believe that what they have come upon is evidence of a crime. State v. Graves, 135 N.C. App. 216, 519 S.E.2d 779 (1999).The book was in a stack of books & magazines and had to be opened and read before it became apparent to Hank that it was actually evidence.

I concur with your analysis of the "plain view" doctrine. In addition to that, Hank has had the book in his own personal garage for weeks now without notifying anyone. At this point, Hank could have easily written that note himself. There is no ####### way that book would ever be admissible in court.

Hank can't turn it in. Then it will be clear that he witheld information from the DEA on a case he wasn't even supposed to be working on

 

[PlasmaDogPlasma]

Hank can't turn it in. Then it will be clear that he witheld information from the DEA on a case he wasn't even supposed to be working on

Which will be bad, but not as bad if they somehow find out without him turning it in. So he's putting himself in a position where it is better for him if Walt's secret doesn't get discovered.