Hey there, Bricker - would you mind considering a different legal question? I speculated an episode ago that what Hank is doing is probably illegal or inadmissible. Do you have an opinion here?
Whether the tape gets used in court or just an investigation, there are rules here. Hank is now kind of running his own mini-DEA with no oversight, including trying to get a secret informant to record a conversation with a suspect without a warrant. I’m not a lawyer but I have a feeling Saul could get all of this thrown out of court pretty easily. I say that not as a plot point but because Hank’s obsession with catching Walt probably isn’t going to turn out so well. Hank looked like a caring hero for about 20 minutes there, but things got darker in a hurry.
Hank is a DEA agent conducting an investigation. In this case he’s conducting a secret investigation and asked Jesse for a confession when he hasn’t been charged and hasn’t been advised of his rights. Emphasizing that I’m not a lawyer… I find it just about impossible to believe that it would be legal. Jesse confessed to murdering Gale and who knows how many other crimes on that tape. How would anyone use that in a trial? It might give the DEA a starting point as they investigate Walt, but then they’d have to hope nobody found out about the circumstances of this confession. To me this is relevant because we can be pretty sure Walt doesn’t get convicted of anything.