SIX

"I don't understand," Piper said as Cole began to put items back into his briefcase. "What just happened here?"

"Morgan is a cop for the city of Brewster," Cole explained. "As such, he can enforce any laws and write any tickets he wants inside the Brewster city limit. Outside the city limit, however, he has no authority whatsoever. He's just another ordinary citizen. Technically you were outside the city limit of Brewster when he stopped you and gave you the ticket. So the ticket isn't legal. And is unenforceable in a court of law."

"That's it?" asked Phoebe. "We can go home now?"

"That's it," Cole said. "The case has been dismissed and Piper is free to leave."

"Okay, hang on a second," Piper said. "If you knew all this yesterday when you called us, why didn't you just go to the DA and tell him? Have him drop the case? Why did you make me come all the way back here to sit through this if it wasn't legal in the first place?"

"Double jeopardy," Leo said, smiling.

"Exactly," Cole replied. "You see, if I had done that, they could always refile against you later. They might have actually found some loophole in the law that would allow them to prosecute you even though Morgan was technically outside his jurisdiction at the time. And believe me, as bureaucracy demons, that's the first thing they'd do. Start looking for some loophole to prosecute you with."

"And they can't do that now?" Phoebe asked.

"No," Cole said. "Once a trial starts, barring a mistrial, there can only be one of two outcomes. Guilty or not guilty. By dismissing in the middle of the trial as the judge did, it has the same affect as a not guilty verdict. Which means you can't be prosecuted again for the same offense. Double jeopardy."

"Pretty sneaky," Piper said.

"Not at all," said Cole. "It's a perfectly legitimate legal tactic. I've seen defense lawyers use it a hundred times. I just figured I'd use it here to keep you from having to go through this again. Excuse me a minute."

The court stenographer was just passing them.

"Excuse me, miss," Cole said, handing her a card. "When you've finished transcribing the proceedings, could you have a copy of it sent to my office, please?"

"Certainly, Mr. Turner," said the woman, after glancing at the card. "It should only be a couple of days."

"Thank you," Cole said.

"A trophy for your win?" asked Officer Morgan sarcastically.

"Not at all," Cole replied. "I thought the State Attorney General might find it interesting reading."

"State Attorney General?" questioned Morgan, who was now beginning to look nervous.

"Yes," Cole said. "You insinuated that I might have tampered with evidence while you were on the stand. I just thought I'd return the favor. I'm sure the State Attorney General would be interested in knowing that it's very possible that you deliberately miscalculated your radar gun so that it shows cars traveling faster than they are. Or that you might have committed perjury when you testified that Piper was breaking the speed limit. Or even that your speed limit sign appeared to have been deliberately placed so that the surrounding foliage obscured it enough so that motorists couldn't see it until it was too late.

"There's also the matter of your operating outside your jurisdiction for some fifteen years. Now, I grant you, that was probably just an honest mistake. But it does cast doubt on every case brought into this court in those fifteen years. I'm wondering how many guilty people might request another hearing based on the fact that you had no legal authority to issue any citations on that particular parcel of land."

Morgan didn't say a word. He simply turned and hurried as fast as he could from the courtroom, glancing back only once at Cole and the others.

"You really think that's all possible?" Leo asked.

"Probably not," Cole said. "There's no way to prove he deliberately miscalculated the radar gun. Which means we can't prove perjury on the stand. Or that the sign was placed where it would be obscured now that the tree has been trimmed back. But he doesn't know all that."

"Oh, that's mean," said Phoebe, laughing. "I wonder how long he'll worry about it before he realizes nothing is going to happen?"

"A while I imagine," Cole said. "Serves him right. Well, at least you're off the hook, Piper. I suggest we get out of here before they try to arrest us for jaywalking or something."

"I'm all for that," Piper said. "I hope I never hear the name Brewster again as long as I live."

They all went out to the parking lot for the drive home.

The End

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