Do NOT talk to the Police without a lawyer!!!

So are the video clips suggesting you NEVER talk to police during any incident, or only to stay quiet if you are under arrest or feel you will be placed under arrest?

For example, if you have shot an intruder, when the cops arrive, do you state that someone entered your home, your life was in danger, and you shot? Or do you clam up from the moment you see the police?
 
Listen to all of the video of James Duane again. All of it. The less said the better! Exercise your 5th amendment right then SHUT UP!
 
If you don't break the law you won't have to worry about this? Sometimes talking is the best way to not get arrested, because if you don't talk you can't justify what you just did. If you're under arrest...then I'd lean towards not talking
 
localgirl said:
For example, if you have shot an intruder, when the cops arrive, do you state that someone entered your home, your life was in danger, and you shot? Or do you clam up from the moment you see the police?
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Per my instructor....
1) I was in fear of my life, followed by
2) I want a lawyer, followed by
3) SHUT UP!!!
 
localgirl said:
So are the video clips suggesting you NEVER talk to police during any incident, or only to stay quiet if you are under arrest or feel you will be placed under arrest?

For example, if you have shot an intruder, when the cops arrive, do you state that someone entered your home, your life was in danger, and you shot? Or do you clam up from the moment you see the police?
Click to expand...
You say nothing more than you were attacked and were in fear for your life. You request the LEO allow you to consult with an attorney after which you will willingly come in and make a statement. LEO are usually allowed this same courtesy. If you are arrested shut up immediately. Not a single word other than a request for an attorney. RESIST THE URGE TO SPEAK. Talking while in an exited state in the aftermath of a defensive shooting could cause you to say something that could be used against you at a later time. Remember that the incident may go before a grand jury to decide if an indictment should be handed down. That grand jury may be comprised of people who don't like guns.

Also curb your responses while holding on with the 911 operator. Say abolutely nothing as you wait for the police to arrive.
 
amsgator said:
If you don't break the law you won't have to worry about this? Sometimes talking is the best way to not get arrested, because if you don't talk you can't justify what you just did. If you're under arrest...then I'd lean towards not talking
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You need to actually watch the video, especially the part where he doccuments a few cases where the police coherced a confession of of an innocent person
 
When I worked as a federal prosecutor I was trained to get the suspect talking. Get him to talk about anything. Anything could be twisted and turned into evidence against the suspect. Just get him to say something.

We had an in-house rule: "if nothing in the file, then there won't be a trial...."
 
A LEO"s job is to gather evidence of a crime. The fact that they are gathering such evidence from a person who has committed no crime is irrelevant.
 
CapGun said:
:yu:
DING DING DING !!! We have a winner!:yu:
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Precisely. That's why I was wondering if one should even say "I feared for my life."

I wouldn't want to anger the police by being perceived as hostile or difficult. But once you hear this guy explain how the system works, it's shocking.

The officer who spoke after the law professor basically says that if they need evidence, they can make evidence. He added that he doesn't pursue people he knows are innocent, but I don't care how long he's been a cop, he's not omniscient.
 
I carry a laminated card that reads as follows: If I have given this to you, it has been necessary to take actions to defend innocent life. I am willing to sign a criminal complaint aginst the perpetrator(s). I will point out witnesses and evidence. As you may have expreienced yourself, this is a stressful and traumatic experience for me. therefore, I wish to make no further statements until i have contacted an attorney and composed myself. I also do not consent to any searches. I will cooperate fully once I have consulted with an attorney and calmed down. As a lawfully armed citizen, I ask for the same courtesy that you would show a fellow officer who was involved in a similar situation. Thank you for understanding.
My lawyer would receive a copy of this card and a full explanation, so he may give me the best defense.
 
localgirl said:
Precisely. That's why I was wondering if one should even say "I feared for my life."

I wouldn't want to anger the police by being perceived as hostile or difficult. But once you hear this guy explain how the system works, it's shocking.

The officer who spoke after the law professor basically says that if they need evidence, they can make evidence. He added that he doesn't pursue people he knows are innocent, but I don't care how long he's been a cop, he's not omniscient.
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I posted this on THR 3 years ago. I think it still applies

Getting arrested after a SD incident isn't the big deal, getting convicted is. Here are some things you can do to help protect yourself.

Before A Shooting Occurs
The last thing you want is some huge post count on THR in which every other post is about how you will have no mercy on BGs. Watch the content of your posts.

When A Shooting Occurs
The best advice I've gotten from these threads is that your hands had better be spotless you had better not have done anything to escalate the situation. and it would be best that the local cops not have a half dozen "Man W/ a gun" incident reports on you.
Comport yourself accordingly

Post Shooting
Best advice I've heard
1. Call the police
2. Report the Shooting W/out implicating yourself ( "There was" not " I did")
3. Do NOT have the gun in you hand when the cops show up
4. Give the cops a victim statement " He attacked me I was forced to shoot"
5 Get checked out by EMS
6. you're pressed for a statement tell the cops that you're really shook up right now & that you'd like some time to conffer with your lawyer before making a statement.

7. Last but not least if, at anytime during the process, you are Mirandized shut up then & there and ask for a lawyer.

That's the best advice I've gotten here , now you're gonna get five pages , mostly from cops, about why I'm full of it
 
localgirl said:
Precisely. That's why I was wondering if one should even say "I feared for my life."

I wouldn't want to anger the police by being perceived as hostile or difficult. But once you hear this guy explain how the system works, it's shocking.

The officer who spoke after the law professor basically says that if they need evidence, they can make evidence. He added that he doesn't pursue people he knows are innocent, but I don't care how long he's been a cop, he's not omniscient.
Click to expand...
The "anger" or other feelings of the police are immaterial in such a situation. What matters are the law and your rights.

As others have said, make a MINIMAL statement that you were in fear for your life and defended yourself. After that, invoke your right to remain silent without a lawyer present and USE it.

Don't EVER say you "didn't mean to shoot him". That screams that either you didn't feel he was really a threat to life and limb, or that you were negligent and ACCIDENTALLY shot him.
 
wuzfuz said:
I carry a laminated card that reads as follows: If I have given this to you, it has been necessary to take actions to defend innocent life. I am willing to sign a criminal complaint aginst the perpetrator(s). I will point out witnesses and evidence. As you may have expreienced yourself, this is a stressful and traumatic experience for me. therefore, I wish to make no further statements until i have contacted an attorney and composed myself. I also do not consent to any searches. I will cooperate fully once I have consulted with an attorney and calmed down. As a lawfully armed citizen, I ask for the same courtesy that you would show a fellow officer who was involved in a similar situation. Thank you for understanding.
My lawyer would receive a copy of this card and a full explanation, so he may give me the best defense.
Click to expand...
Very astute. Good advice.
 
in a situation will the police even give you the opportunity to contact your attorney if you refuse to speak to them? I hear that you need to stay on the phone with 911 until they arrive but when can you actually dial your attorney?
 
G50AE said:
Police are supposed to be profesionals and as such should be able to control their anger or other feelings when executing their duties. If they can't then they should find another line of work.
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And yet we have many instances of officers *NOT* controlling their anger properly. (See Unconscious Driver Beaten by Police | Video - ABC News for one such - did the criminal "deserve" to get beaten up? Probably. But should the officers have done it? Definitely not.)
 
wuzfuz said:
I carry a laminated card that reads as follows: If I have given this to you, it has been necessary to take actions to defend innocent life. I am willing to sign a criminal complaint aginst the perpetrator(s). I will point out witnesses and evidence. As you may have expreienced yourself, this is a stressful and traumatic experience for me. therefore, I wish to make no further statements until i have contacted an attorney and composed myself. I also do not consent to any searches. I will cooperate fully once I have consulted with an attorney and calmed down. As a lawfully armed citizen, I ask for the same courtesy that you would show a fellow officer who was involved in a similar situation. Thank you for understanding.
My lawyer would receive a copy of this card and a full explanation, so he may give me the best defense.
Click to expand...

Good advice as far as not saying anything and explaining it without having to talk.

NCIC105 said:
If you are a witness: Talk
If you are a suspect: Don't talk

Simple advise from Retired LEO
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Also good advice. I am sure there is more good advice on this topic. These two just stuck in my head the most.
 
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