Never, Never, Never - under ANY circumstances, talk to the police

[TalkingDog]

http://video.google.com/videoplay?docid=8167533318153586646#

Professor James Duane’s now famous 5th Amendment lecture - popularly known as “Don’t talk to the police!” gave this lecture as part of Regent Law School’s spring preview weekend.

[Ian David]

1. He gave this at Regent?

What about "Don't Honor Congressional Subpoenas?"

[Ex Lurker]

37. he's actually a prof @ Regent, believe it or not n/t

[merh]

42. You realize who it was he was talking about during the lecture

when he referred to a very bright former student that took the fifth and he said "you go girl".

I betcha he is referring to Monica Goodling, the 1999 graduate of Regent University who was a top aide to Bush administration Attorney General Alberto Gonzalez. She has refused to testify to what she knows about the attorney firings.
http://www.washingtonpost.com/wp-dyn/content/article/2007/03/26/AR2007032600935.html

Still, all in all, he is right on the money. It's worked for her, hasn't it.

[Ian David]

49. Difference between taking the 5th and not showing up. n/t

[merh]

77. if the cops ask you to come down for an interview and you say

sure, but you will take the 5th if asked any questions, that's the same thing.

Not much difference.

Besides, didn't she say she would take the 5th and wouldn't testify unless given immunity and they gave her partial immunity and she did testify?

[tk2kewl]

2. Here is a quote from one of his slides:

Even if your client is innocent and only tells the truth, he will always give the police some information that can be used to help convict him.

[Hepburn]

54. Contrary to grade school propaganda ~~ the cops are NOT your friends.

Cops, IMO, want to close a case ~~ and they often get things wrong. And... even when they know they are wrong, they will stick to their bullshit and lie.

After having practiced law for a lot of years, I find that in general I have very little respect for law enforcement ~~ especially the feddies.

JMHO

[Statistical]

67. Very important point.

Innocent people are convicted and many contribute to conviction by providing information to the Police.

Sad truth but it happens.

The Police sole duty is to arrest criminals, obtain evidence, and build credible cases for the District Attorney.

"Protect and Serve" simply is more consumer friendly than "To Detain and Investigate".

[tk2kewl]

71. that quote could be paraphrased:

...he will always give the police some information that can be used to help frame him

[Statistical]

76. Agreed but it is more than that.

Evidence is incomplete and sometimes incomplete evidence can lead them to you.

Even without any misconduct at all you can still be convicted by talking to the Police.

[Xicano]

3. Unfortunately that is absolutely correct.

I like that ACLU video out there that gives several how to and how not to examples when confronted by police in different scenarios.

[Solomon]

11. As a former criminal defense attorney, I used to tell this to people

like a broken record. Nothing is gained by talking to the police. If you must talk, wait until you see a judge. The police are not going to help you. They're always trying to get evidence against you no matter how nice they may seem.

The worst cases are the ones where they tell the person they will let them go or go light on them if they cooperate. Or they threaten greater punishment. Don't believe it. There's plenty of time to talk throughout the whole process. Talking to the police is not one of them.

[Hepburn]

58. My law partner was a major criminal defense attorney...

...and he always told this to clients, friends, neighbors, office staff... anyone who would listen.

COPS ARE NOT YOUR FRIENDS AND THERE ARE NO EXCEPTIONS TO THIS RULE.

[imdjh]

86. How do you know if you are a suspect? Or a source/witness?

I'm totally there with suspects not talking to the police, but if no one talks to the police, as we have been told is the case in some communities, then the guilty go free. Recently, I was hearing residents and police in New Orleans complaining of how often criminals get away with really bad crimes there because the community refuses to stop crime by helping the police solve crime.

[Zywiec]

91. You're always a suspect. n/t

[PM Martin]

4. kick

[Xicano]

5. "Am I being detained officer or am I free to go?" ..... "I don't consent to any searches"

n/t

[Iggo]

17. Yes and Yes.

[Treo]

124. Don't even ask if you're being detained

Officer am I free to leave? That will answer both questions immediately.

Officer I do not consent to any searches.

Officer I do not wish to answer any questions.

That's all you say

[Iggo]

6. Exercise your right to remain silent.

Of course, that's a lot easier for those of us who've been to jail more than a few times.

And that's the thing: you have to be willing and able to spend a few nights in jail. I'd do it in a heartbeat, but I understand people who can't...because of a job or because they take care of someone or whatever. Or maybe they're just afraid to go to jail, which is perfectly understandable, too.

But your best bet to beat the rap is to wait for your lawyer. Name, rank, serial number and a respectful "I'm sorry, but I really think I have to wait for a lawyer before I say anything. And then I'll be happy to help you in any way that I can." Remember, you don't have to be a dick to exercise your rights.

[Crabby Appleton]

12. Word -nt

[kiapolo]

13. Idiot protestors and those who just have to shout it out!

"Remember, you don't have to be a dick to exercise your rights."

This is the truth. Being nice will, in most cases, give you equal treatment in return, even with most cops. Could be the difference between walking out of jail in the morning to go home, or leaving jail to go straight to the county hospital to get those huge knots on your head checked out...

[jimlup]

18. thanks

Every experience I've ever had with this situation has shown this to be true.

[grantcart]

7. A good friend who is a conservative Republican and a judge gives the same advice

He spent 15 years as a prosecutor and advises family that in any event never talk to the police before talking to an attorney.

If you wish to disclose information to the police in any situation where you the police believe that you may have criminal liability don't do it until you have met with the attorney, the police can simply misinterpret what you are saying, an attorney will make sure that you don't say too much or too little.

[merh]

40. Sadly, I've known criminal defense lawyers who don't get this.

They accompany their clients to talk with investigators thinking that full cooperation and the truth will immediately absolve their client. The client talks and answers the questions and somewhere in the questions he has sealed his fate, given them something they can hang their hat on.

Exercise your rights and have your client exercise his/her rights. Don't talk to the police/investigators.

If they want to subpoena you to the grand jury, you bring your attorney and with each question asked you step outside and tell your attorney the question and he should tell you plead the fifth.

You don't give the prosecution a thing. The prosecution has the burden. Make them meet that burden, don't make it for them or don't make their job any easier than it should be.

Judge Walter Nixon, one of the sharpest, most experienced US District Court Judges in Southern Mississippi, volunteered to appear before the grand jury to tell his side when he was being investigated for taking bribes from an attorney. His appearance did him no good, it did him great harm. The feds indicted him for the bribery and for lying to the grand jury. Seems there was a date of a meeting he testified he did not attend that other witnesses who appeared before the grand jury said he had attended. He was acquitted of the substantial charge of taking the bribe but he was convicted of lying to the grand jury. He did time in the federal pen and he was impeached by congress and removed from office.

Never talk - your attorney should not let you talk. If he wants you to talk without full immunity, find another lawyer.

[Hepburn]

60. Oh, you know Mark Geragos, too? n/t

[merh]

79. No, was he involved in any of Nixon's proceedings?

I don't recall him?

It was Michael Fawer that defended him at trial and David Stewart and Boyce Holleman that worked on his appeal and argued for him in Congress and on appeal to SCOTUS.

I know Judge Nixon and worked with Holleman during the appeal and impeachment proceedings.

[Hepburn]

92. Geragos is the idiot that did the Winona Ryder shop lifting case and...

...managed to land her a felony conviction. It was later reduced to a misdemeanor. But, geeeeeeeeeeez, he could have dealt her out with DA's probation and he went to trial instead.

Talk about NO lawyer smarts.

[merh]

96. Oh, now I understand your reply, lol. Sorry I was so dense.

The sad thing was, Nixon let his ego get in his way. He didn't even go to a criminal lawyer when he found he was being investigated. He was listening to his friend, a civil attorney. It was his ego that made him volunteer to go before the grand jury. He was beyond reproach. The truth is, he didn't do what they were investigating him for doing. He was innocent. He did deny participation at a meeting that others said he was at. The prosecution would never have had that to charge him with had he simply followed the simple advice of the lecturer in the video. Don't talk.

[Hepburn]

102. You are not dense at all!

And, yeah, I agree with your analysis of where Nixon went wrong.

[merh]

103. thank you for understanding

and for the chat, you know I always enjoy having discussions with you.

:hi:

[question everything]

121. I thought he was Michael Jackson's attorney (nt)

[sharp_stick]

8. He may be giving this lecture

at a "law" school that doesn't deserve to be called one but he's bang on with this. Without a lawyer present I would never give a statement to a police officer.

[merh]

41. You miss his point.

“Don’t talk to the police!” - under any circumstances. Even with your lawyer unless your lawyer gets you immunity.

[Cali_Democrat]

9. Bookmarked. nt

[Zywiec]

10. Just took a break to watch it. Excellent! n/t

[The Midway Rebel]

14. and never, never,never,never,never,

let them talk you into taking a polygraph examination to "clear you as a suspect".

Even if you pass it, they will say you lied.

Being accused by the police of something you did not do is a VERY traumatic experience for the average citizen.

[question everything]

122. What about DNA sample and fingerprints? (nt)

[Lochloosa]

15. K/R K/R K/R K/R K/R K/R

As a lawyer once told me. They will empty their file cabinet on you.

[FarCenter]

16. Given the Acorn experience, it is best not to talk to anyone

Small cameras and recording devices are everywhere.

[ChoppinBroccoli]

19. I'm A Criminal Defense Attorney, And I Explain It This Way

Don't give them the rope to hang you with. The police are NOT your friends. When you're arrested, they have ONE job. To accumulate enough evidence to convict you. The lesson you learned in kindergarten about the nice policeman being your friend is a load of bullshit. They're not interested in seeking justice OR truth. They want the conviction. That's IT. That's why cops are given extensive training seminars on the "proper" way to fill out reports and the "proper" way to testify while on the stand. They don't think we know that these classes are being conducted, but we defense attorneys know all about them. It's all about getting the conviction.

[proud patriot]

21. I love your username

:-)

[Kablooie]

27. What about statements given before the miranda warning?

For example,
The police discover your neighbor was murdered.
You walk up to a policeman and tell him that you murdered your neighbor.
The policeman arrests you and recites your miranda rights.
After that you say nothing.

(Though you might say to yourself, "Stupid, stupid, stupid!" :-)

Can the policeman use your statement in court?
Your statement was the justification he had for arresting you so if he was asked why
he arrested you he would have to use your statement as justification wouldn't he?

How would this work?

[ChoppinBroccoli]

30. It Still Comes Into Evidence

Let me try to boil this down for you, and I may get a little too "technical" so if you don't understand, let me know and I'll try to explain better.

When you're talking about statements made to the police, you have to consider 3 things: 1) WHEN the statement was made, 2) WHEN you were Mirandized, and 3) WHEN you were legally under arrest. Here's why those things are important.

A statement you make that incriminates yourself (like your "I murdered the guy" statement) will be able to be used against you if it was offered voluntarily BEFORE you were under arrest. It's considered a "party admission" (you're the "party" and you made an admission, so it's not hearsay). It's also able to be used against you if it was made AFTER your arrest AND after you were Mirandized. The only way your "I murdered the guy" statement would NOT be able to be used against you would be if you made it AFTER you were arrested, but BEFORE you'd been Mirandized.

And courts generally consider you to be "under arrest" when you are no longer free to walk away.

So, if you go up to the cop out of the clear blue sky and say, "I murdered the guy," it comes into evidence. If you get arrested, are read your rights, and then say, "I murdered the guy," it comes into evidence. If you walk up to the cop, are placed in cuffs and are seated in the back of a cruiser, and before they read you your rights, you offer up, "I murdered the guy," THEN it will not be able to be used against you. But what will usually happen is that the cops will say, "Wait a minute," they'll quickly read you your rights, and then say, "Say that again for me, what you just said."

Was that clear enough?

[Kablooie]

35. Very clear. Thank you.

And I just looked at the video so I have a little better understanding of the risks.

[dem mba]

83. wait a sec

why do you want to know about this? i don't live next to you do I???

:P

[Hosnon]

90. Isn't any truly voluntary statement by you admissable, regardless of whether you

have been Mirandized?

If I remember correctly, don't the police have to illicit the information in some way?

Note: My knowledge on the subject comes simply from law school (i.e., not real world practice). And I have never practiced criminal law. In other words, feel free to slay me.

[ChoppinBroccoli]

115. In A Word, No

The Supreme Court deems ANY statement made while under arrest, but prior to being read your rights, as "involuntary," and at the very least "ill informed." That's why we have Miranda to begin with. Because people were making statements to the police NOT KNOWING that they had a right to refuse. Miranda ended all that.

[Hosnon]

129. So sorta "yes"?

A truly voluntary statement would be admissible. But there are no truly voluntary statements, according to the Supreme Court. Similar to how the Separate but Equal doctrine could be Constitutional if there were such a thing as "Separate but Equal" (i.e., separation necessarily requires inequality).

[tavalon]

34. Welcome aboard our crazy little caboose! Choppinbroccoli

I love that Dana Carvey song!

Unfortunately, most of us are used to trying to get people to listen to us. Frustrating, as we are usually right. But yes, when in the company of the police, stfu should be our motto. Luckily with every protest I've been involved with, we had a volunteer attorney reminding us to be very quiet when picked up and try to be politely quiet. The one time I was picked up, it was such a large group that no one was being beaten up but there was a necessity to remind my fellow protesters that idle chit chat wasn't appropriate either.

[Hepburn]

55. Yep....I second this post thoroughly....

...and I practiced law for a lot of years. Cops are NOT your friends. PERIOD.

[Beer on a stick]

110. As a former cop, I'd say you're full of it.

Every one I knew and know when I was on the force was definitely interested in truth and justice, and not just convictions.

And those classes, that training, is so that evidence isn't later thrown out due to improper following of procedure/protocol.

I'm really not surprised you have to be told that.

Well, that, and the fact that the DA gets convictions, not cops.

[ChoppinBroccoli]

20. I'm A Criminal Defense Attorney, And I Explain It This Way

Don't give them the rope to hang you with. The police are NOT your friends. When you're arrested, they have ONE job. To accumulate enough evidence to convict you. The lesson you learned in kindergarten about the nice policeman being your friend is a load of bullshit. They're not interested in seeking justice OR truth. They want the conviction. That's IT. That's why cops are given extensive training seminars on the "proper" way to fill out reports and the "proper" way to testify while on the stand. They don't think we know that these classes are being conducted, but we defense attorneys know all about them. It's all about getting the conviction.

[Skittles]

24. CORRECT

STFU and let a lawyer do the talking for ya - yes INDEED

[Echo In Light]

51. Exactly. My sister's family had a nightmarish experience w/small town cops last weekend

"They're not interested in seeking justice OR truth" = pretty much sums the situation up.

[laundry_queen]

81. Interesting.

Although I'm just posting to say I love the screen name. My fave SNL skit. Welcome to DU.

[kath]

22. Watched "My Cousin Vinny" the other night, and this advice is very apropos...

[Dr.Phool]

23. My Dad got called for jury duty one time.

During jury selection......

Prosecutor: Are you or any of your relatives in law enforcement?

Dad: I was an MP in the Army, and my brother is the Chief of Police in......(another state).

Prosecutor: Would you be more inclined to believe an officers testimony over another persons ?

Dad: Do you want an honest answer to that?

Judge: Of course he wants an honest answer! That's why he asked you the question!

Dad: I honestly believe that if an officer thought that a conviction was about to slip away, he's swear to any lie he could to get the conviction.

Judge: DISMISSED! YOU'RE EXCUSED!!!!


He wound up getting assigned to the grand jury for a six month term.

[Mind_your_head]

26. +1

[Kablooie]

25. What if the cop says he's investigating a neighborhood situation?

He doesn't indicate that you will be implicated and says he's getting info on something unrelated to you?

Aren't you required to answer his questions?

[ChoppinBroccoli]

32. Understand This.........

YOU ARE NEVER REQUIRED BY LAW TO DO ANYTHING A POLICE OFFICER ASKS UNLESS YOU ARE UNDER ARREST. There are exceptions in some States for providing identification, or for obeying lawful orders during an emergency, etc., but in general, you don't have to do ANYTHING a police officer asks unless you're under arrest.

[Kablooie]

36. I understand it's not required but couldn't there be negative ramifications?

For example if an officer comes to your door and asks if you saw anyone suspicious in the neighborhood in the past hour and you either stand there silent staring at him with a dim smile on your face, or tell him that you will not talk to him, the cop of course will not be happy with you.

Isn't there a risk that his displeasure could result in some kind of negative situation for you?

[ChoppinBroccoli]

38. Like What?

He'll arrest you for being rude? Or making a cop sad? I joke, but seriously, if a cop comes to your door asking if you saw anything suspicious, and you don't want to talk to him, you should politely tell him no and then shut the door. You don't have to talk to him.

NOT doing what a police officer says can SOMETIMES get you arrested, but at least you're giving him nothing to convict you with (and chances are, in those situations, you were going to be arrested anyway). The ONLY thing you have to do is go with them when they tell you you're under arrest. Everything else, you can, and SHOULD, refuse to do. Do it politely, but always refuse.

[Hepburn]

59. It is totally OK (and a good idea) to STFU around cops.

The one thing one cannot do is knowingly tell an untruth. Better to STFU and stay away from the problem than to get sucked into an obstruction charge. Even if you were not involved in the original criminal problem, no telling where it can go if a member of LE gets a hard on for a member of the public and the member of the public has opened his/her mouth. Your advice is perfect ~~ say "no" and shut the door. PERIOD.

Truth is: Cops lie and they do so for a variety of reasons. The reason does not matter, but the underlying rule does: NEVER TALK TO A COP.

[Mariana]

98. Unknowingly telling an untruth can get you in the shit, too.

All the more reason to STFU. If you misremember something, or were lied to by someone else, you could be in deep doo-doo. It won't matter that you believed what you said was right and true.

[Treo]

125. Watch the video this is covered

Justice Jackson said the intent of the fifth amendment is to protect the INNOCENT from falsely incriminating themselves

[TexasObserver]

28. Recommend ... and don't ever call them unless someone is dying.

I'm only partly kidding on that last part.

Calling police about minor disputes is a good way to get everyone arrested.

[Scurrilous]

29. K & R

:thumbsup:

[Bigmack]

31. I had my H.S. students repeat...

over and over in class.... "Shut up and get a lawyer! Shut up and get a lawyer!"

Subversive... yes, but also good sense.

School administrators in my district were famous (among the faculty) for getting kids to spill their guts by telling them that if they came clean, the Admin wouldn't bring the cops in. And then they brought the cops in.

College scholarships were lost because some kids painted " '92 " on the street in front of the school.

I'll tell anybody.... Shut up and get a lawyer!

[Mariana]

53. My HS Government teacher did that with all his students.

He really drilled it into us. He had us watch vids and even tested us.

The local police hated his guts.

[Lagomorph]

33. Got the same lecture in an accounting class in 1976.

[AsahinaKimi]

39. Thank you ..

This was very educational!

[BigBearJohn]

43. Thank you! This is one of the most useful items I ever read here on DU

[NNN0LHI]

44. And if you don't want to believe the professor take it from the cop in this video

http://video.google.com/videoplay?docid=6014022229458915912#

[daedalus_dude]

45. This is sad. People are (rightfully) so scared of cops in the US.

In some countries people actually trust the police.

[imdjh]

89. Which countries?

[daedalus_dude]

46. To the cops here: See how the "bad apple" cops are making your work more difficult?

No one really trusts the police anymore. People (rightfully?) feel like they may be arrested at any time for any reason. Now imagine you are investigating a murder or some other crime. And all the potential witnesses are following the advice of the OP because they don't want to get themselves into trouble.

[vadawg]

47. i would agree to a certain extent, but if you know you are in for a time behind bars

then its time to talk to me about what you know, im all about throwing the small fish back in order to catch a bigger fish...

[ret5hd]

50. rofl

[SammyWinstonJack]

74. .

:evilgrin:

[Iggo]

64. Or I just do my own time like a man.

[Mariana]

75. So how does someone KNOW they're in for a time behind bars

before they've been convicted and sentenced? Let me guess, YOU tell them so, right?

[Occulus]

105. He's a cop, I think

Vadawg has repeated stated that he's in law enforcement. It's in his own best interest to lie to us.

[Mariana]

108. This is practically a cliche.

"The judge usually comes down on people like you like a ton of bricks, bud. But we don't really care about small fish like you, so if you tell us everything you know, we'll put in a good word and you might get off with probation."

:puke

[vadawg]

114. its a cliche that works, people look to cut deals every day

saves me from having to go looking for shit sometimes...

[Occulus]

104. That. Is. The. Stupidest. Thing. You. Can. Do.

Never, ever, under any circumstances should you give police any information. As the OP has stated and as several defense attorneys on this thread have repeated, police are not and never are your friends during an investigation.

You're peddling a load of very, very bad advice.

[vadawg]

107. why is it bad advice, any defence lawyer will tell you that i am not interested in the street user

if they can give me info that gets me the bangers selling the shit to the user, hell the only reason i waste my time on penny shit is to try to get info in exchange for nolle prosse. Of course i will lie to you if you are a criminal im trying to trap, what would you expect me to do. Frinstance you get busted by patrol for having some weed, enough to put you away for intent to distribute, you know where the local gang bangers who you wometimes buy from hide their stash of guns, now tell me would you be willing to make a deal, i sure as hell would be more interested in getting those weapons than seeing you do a few months.

[Mariana]

109. Well, until my hypothetical defense lawyer convinces me

that it's in my best interest to talk to you, you won't mind if I remain silent. You just want the information, right? Then you won't mind at all if I consult my lawyer first and let HIM arrange the deal before I give it to you.

Is that the way it is? That's how you work?

[vadawg]

111. i dont care if you want to talk to your lawyer or not, i dont care what he tells you

ill still offer you the deal, if you dont want it then ill take what i have and keep you, if you want to deal then ill deal, i will get the weapons, you will get a nolle prosse and the patrol guys will get an attaboy and in on the weapons bust. you might think its a cliche about the smaller fish but its the basis of a lot of police work no matter where you go in the world..

[Treo]

126. Of course you also told us you'd lie to us NT

[Zywiec]

48. Right now, authorities are using the charges of making false statements

to the government as leverage in the hopes of getting additional information.

This is the only charge so far against the three alleged terrorist from last week.

What would they have been charged with if they never said anything??

http://www.cbsnews.com/stories/2009/09/21/national/main5327420.shtml

:shrug:

[Hissyspit]

52. 'Homicide: Life On The Street' Amazing Episode covered it all 'Shut Up. Shut Up Now:'

"The Documentary"

http://www.youtube.com/watch?v=tyfN3dUluAY

Most important part is cut off at the beginning, but this is the best clip I could find.

Mike: Your best bet is to shut up. Shut up now.

Then later on:

Mike: Your best bet is to speak up. Speak up now. (with a glint in his eye)

Find the whole episode. Watch it. Classic. Life Lesson.

[Iggo]

66. Best episode of a cop show ever.

[Hissyspit]

69. Oh, yeah. Best network cop show ever.

The episode "The Subway" was pretty amazing, too. Won a Peabody.

[Vidar]

56. K&R

[Lyric]

57. I sell t-shirts at web store with this exact message.

They're useful in lots of situations, but especially if you're traveling to an event where you know that you stand a good chance of being pulled over, arrested, or detained--like a big concert event or a protest. It makes "remaining silent" easy, and since it's worded politely, they can't claim that you were being rude or disrespectful to the officer.

As for that video--brilliant, and to the point. This is the kind of video that should be shown at least once a year in every high school social studies, history, government, or civics class in America. We should be telling our kids this stuff from the day they're old enough to understand.

:hi:

[Pavulon]

120. Refuse to give your name, go to jail.

those are the rules. But normal people generally dont have a problem with these things.

[JackRiddler]

61. Four hours of propaganda a night tells Americans: Talk to the police!

Law and Order, CSI: Podunk, NCIS, ETC.

[2Design]

62. Regent univ - pat robertson RW nut college n/t

[tjwash]

63. Normally people outgrow this kind of fucking shit by the time they are 19...

...obviously we still have a lot of adolescents here.

Oh well, I guess the next time your car goes careening in to a ditch, trapping you inside a smoldering heap of metal, and the first responder is a highway patrolman, you will hopefully remember all of the splendid advice given by anonymous internet shitheads, and the only thing you will tell the guy, is to go fuck himself.

:eyes:

[Hepburn]

65. If you HBD, then, yes, STFU. Duh...

...:eyes:

[Hissyspit]

70. Where does it say to tell the police "to go fuck himself" anywhere in the talk or this thread?

Obviously, in a life-threatening situation you are going to talk to anyone about anything that you think will save your life. It's pretty clear, that that is not what this thread is about.

[endarkenment]

80. right here:

"the only thing you will tell the guy, is to go fuck himself".

Oh wait...

[Hissyspit]

88. LOL

Touché

[Dr.Phool]

72. It has nothing to do with carrenining into a ditch.

It has everything to do with, if you are even remotely suspected of anything.

Anything you say, can and WILL be used against you. And, they'll use anything they thought you said against them too.

[endarkenment]

82. After you careen into a ditch

the police officer who shows up will attempt to interrogate you to see if he can determine if you are impaired. He will very likely get real close to your mouth so he can sniff you for booze breath.

[Pavulon]

133. Yep, that happens with single car accidents.

the police can see if you are impaired. The cool thing is that science will prove if you are .08 or not.

[Zix]

93. Ah, one of YOU.

Nice example you've got there.

[rd_kent]

131. ARe you series?

Your strawman just fell down under its own weight.

[and-justice-for-all]

68. Talk to them everyday...

because I live with one.

[EOTE]

73. You're throwing away your rights!

Don't come complaining to me when you're locked for good, you didn't have to open up your yapper :P Hey, you're from Terre Haute, I went to High School at Terre Haute South Vigo for like 6 months or so. I went to four different high schools and I still miss every one of them.

[Kaylee]

84. +1 LOL!

[skygazer]

78. You do have the right to remain silent

Use it.

[imdjh]

85. Sorry, I can't listen to this man. He sounds like Sham-Wow guy.

[dysfunctional press]

87. the way my lawyer put it: "you don't talk to cops, you talk to ME"

two weeks later, he was accidentally killed by a sniper who was actually gunning for his partner.

[Nederland]

94. Imagine a world where everyone did this

Wouldn't it be wonderful? I mean, think of it, police would never be able to arrest or convict anyone. Ever.

Wait.

Is that a good thing?

[Mariana]

95. If everyone got a lawyer before they talk to the police

they'd never be able to arrest or convict anyone ever? Bullshit. The police would just have to work harder to gather evidence, that's all. There's nothing wrong with making them work hard. It SHOULD be hard to lock people up in a free country.

[quiller4]

100. Police would need to work harder and rely more on physical

evidence. There isn't anything wrong with that.

[rd_kent]

97. That should be added to the Miranda warning.

1. You have the right to remain silent

2. Anything you say can and will be used against you

3. You have the right to an attorney.....

4. Never, Never, Never - under ANY circumstances, talk to the police

[ThomWV]

99. Very few people are in prison for something they didn't say.

[Occulus]

106. LOTS of people are in prison for things they didn't DO.

Are you certain none of those who are wrongfully convicted were put in prison at least in part based upon statements they made to police?

[vadawg]

113. i just did a quick test, in my block there are 45 women at the moment

i asked for a show of hands as to who is guilty or whos here by mistake, 44 voted guilty the other one says that shes not guilty of the weapons charge but the drugs were hers. totally anedoctal but interesting none the less..

[ThomWV]

134. Talking to the police certainly didn't keep them out of prison

So how could not talking to them have been worse?

[backscatter712]

101. Never trust a cop. They're professional liars. n/t

[Beer on a stick]

112. You misspelled 'lawyer'.

[Atman]

116. I've spent a long time reading through this thread, and I've learned one thing...

Police suck and are liars. So you should call a lawyer, who all suck and are liars. IOW, it's a cock fight. Place your money on the lying-ass police or the lying-ass lawyers. And pray you stay out of jail.

.

[question everything]

117. Fascinating. When the Blago story came up

I asked why Jesse Jackson Jr. would not talk the press under the advice of his attorney, and DUers gave similar scary stories about people who may have forgot a fact.

[msanthrope]

118. Look where Blago is now, and where Jackson is now.

Keeping your mouth shut and not talking to professional testiliars is a good thing.

[Pavulon]

119. Dont fucking snitch, or you get capped..?

Spoken like a true moron. If you are the subject of a criminal investigation, get an attorney who covers your particular need. If you are asked if you saw who broke in and raped your neighbor, you can help out and let them know you saw a odd car, at that time, and a guy wearing a cable company uniform. Or you could just lie, but then you are an asshole.. Odds are if you are not a dna match the police are not there to pin the crime on you.

If you are a material witness you can be ordered to speak to the police and held by judicial order. The 5th covers self incrimination, not all aspects of police interaction. So if you are asked if you saw a white panel van and you mention the 5th they are going to tell you how fucking stupid you are.

Common sense is in order here, if you sell crack for a living this is great advice. If you are normal and live in a nice neighborhood this is as relevant to you as radio opsec in iraq. dont discuss ops on your burner cell, right?

[ChoppinBroccoli]

123. Gee Whiz. How Quaint.

Someone who STILL actually believes that Constitutional Rights only protect "criminals." Guess you missed the part of the video where the cop explains how most people run afoul of the law in small ways, some without even knowing it, every single day. Guess you also missed the part where they talked about how 25% of all people exonerated by DNA evidence AFTER being wrongfully convicted........say it with me now.......CONFESSED to the police. But go on believing that only guilty people should exercise their rights.

It's unbelievable to me that we still have people in this country who are content to bury their heads in the sand and play the "It Can't Happen To Me" game. I suppose you're all hunky-dorey with the Government listening in on your phone calls too, since after all, you have nothing to hide, right? I'm sure the Government only listens to the phone calls of guilty people.

Pretty much everything in your post just SCREAMS that you didn't bother to watch the video.

[Pavulon]

128. Recycled post here, and common sense.

I interact with leo's all over, from the mexico city traffic rip off to the helpful police in zurich. There is a moronic crowd who believe the police are evil and the enemy, a minority, and they float to the top like a stinky turd from time to time here.

Bottom line, if I have a problem that needs a lawyer (greaser of the wheels of justice) , the american equivalent of the $200 cash for whatever going to the police in mexico, I will pay that. If I am being investigated i will hire the last DA who is retired now practicing private. I am happy to play the game if needed.

some of these people are advocating NEVER Ever talking to the police. For anything, which is stunningly stupid.


However living in a smaller town and knowing how the system actually works means I an not a paranoid moron who refuses to help. Officer: " did you see the accident happen" , "officer i plead the 5th," but you were not involved, just a witness", "i plead the fifth, fight the power man, let me go pay 500 an hour before I talk to yo about the traffic incident here, my rights are at stake man"

Idiotic.

You know what a material witness is right, and how that works. you know if you refuse to give your name they can arrest and hold you until your identity is established? Common sense is a great thing, seems to be dying out.

[Treo]

127. I am amazed that no one has thought to post this quote

Any lawyer worth his salt will tell the suspect in no uncertain terms to make no statement to police under any circumstances."
Supreme Court Justic Robert H. Jackson

[L0oniX]

130. Kick ...excellent info

[bertman]

132. Another point: don't think that you can play the game better than they can. You cannot.

I once had to give a deposition with the attorneys for both sides present.

During the questioning by the opposing attorney I answered the questions truthfully and thoroughly instead of giving the short answer. I was absolutely confident that I had "aced" my testimony.

When we recessed, my attorney informed me that I had been a terrible witness because I had unwittingly given the other attorney all kinds of information that they did not have before I became so "cooperative" as to explain myself.

Valuable lesson.