Walls v. Driver & Motor Vehicle Services

BUTTLER, S. J.,

dissenting.

Because I disagree with the majority’s conclusion that respondent was afforded a reasonable opportunity to contact and consult with counsel, I dissent.

After Walls had been placed under arrest at the scene of the stop, he was taken to the Central Precinct and placed in a holding cell. Before Officer Janzen brought him out for questioning, Walls had been handcuffed because, Janzen explained, it was a “personal policy” that he followed at times because he had been injured in the past. He testified that “it’s just a safety thing.” He did not say that he had any reason to…