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

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

Simple advise from Retired LEO
Of course you may not know WHICH you are, and the police are LEGALLY entitled to lie to you about it.

If there's ANY question, best to not talk without a lawyer present.
 
Posted by USA007
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?


In this age of cell phones, be aware that the 911 center may "lock up" your phone. After I called 911 in 2008, I had to remove the battery, then replace it, then let the phone reboot. Prior to that, they had control of my phone, including whether I could turn it off.
 
And do not open your door to the cops or make a sound. SCOTUS ruled Monday that that gives the cops free rein without a search warrant. Kentucky vs King.

Have seen this work recently. Went on a domestic call with a local cop (I'm an armed security officer, among other things). Cop banged on the door and announced. Place went quiet and no one answered. Cop knocked and announced 3 times with no result. The resident finally opened for me because they knew if they didn't, they would lose their happy home. Kinda cool, actually, I appreciate citizens who know how to handle gov't agents.
 
Almost exact verbage I hand out to every student in my CC classes.

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.
 
Those videos were real eye openers. That same night I was watching the TV show "48 Hours", which follows homicide detectives investigating killings. As I watched the show and listened to their comments, keeping in mind what the videos showed, it was obvious that the videos were exactly correct. The detectives are looking for ways to have dialog with you and yes, they want help to solve a crime, but, in speaking to you, you are as close to the crime as they can get at that moment and they are looking for anything you may say that can "catch you" in a misstatement, a possible lie, anything at all. They know what they are doing--you do not. As much as I have faith in my local police, I am convinced that the videos are correct. I may want to help and know that I am innocent, but that does not mean I am safe from prosecution and possibly found guilty.
 
I feel that there is still a need to speak to the police depending on this situation, and it is best to tell the absolute truth.
Background on this is two real situations

situation one traffic stop

When i was 18 got pulled over for going 10 to 20 over speed limit lied to cop speedometer is broken (lie), running late for class (truth), going to auto class (truth) will fix this today (lie)....Cop was not his first day he knew the story had falsifications to it. Ticket was issued.

Situation two, also traffic stop,
I was 22 or 23, Driving home from a gf's house which was on the other side of the state, time was around 3 or 4 am, very tired. Get down to the last 15 min of my 3 hour drive, look behind me and see the first pair of headlights approaching me for the last hour (give or take on time) thought "I wonder if that's a....(the red and blue's turn on)cop" look down at the speedometer realize i am driving over 80 mph.
Considering i was the only car on the road and the speed limit was 75 i pulled over. The rest of it went like this.
Trooper - Driver step out of the car.
Me - Can't Door wont open
Trooper - Driver step out of the car.
Trooper - (yelling) Driver step out of the car now!
Me - (now yelling as well) i cant come here i need help with the door (rod broke off inside the door just did not get it fixed)
Trooper approaches the window and asks why i am not responding to his commands
me - officer i am a carry concealed holder and i am armed at this time...and my door is broke will not open from the inside i need you to open the door please.
Trooper opens the car door, has me unholster my firearm leave it in the car, and join him in his.
We get in his car then he asks the same question that every leo asks

Trooper - do you know why i pulled you over?
me - I assume it's speeding but not positive.
Trooper - do you know what the speed limit here is
Me - 75
Trooper - no its 65 speed changed half mile ago

Time passes i explained how the gf wanted some "intimate time" i could not resist which lead me to be leaving about two hours later than intended. Also when he asked how do you normally open the door i let him know i usually open the sliding door behind me stick my hand around the door and then open my door, considering that he was demanding me to exit the car and my silouette was all he could see i would rather him not think i am pointing a gun at him and have him just open the door for me.

Trooper realized my story was the truth and no ticket. Talking to the cops is not bad, if they are accusing you of a big deal issue then it might be a good time for a lawyer.
But traffic stops and other minor stuff no worries.
 
As an attorney, I have yet to see a single instance in practice where my client's situation would improve by talking to the cops with or without a lawyer.

I have these videos on my iPhone and regularly email the links to clients or mail the links in advice letters. It's dead on.

I personally talk to cops when pulled over for speeding but only chit chat not about the incident. That you're a friendly comfortable person will get you out of a ticket, having a good explanation RARELY/NEVER will.
 
So your saying wait for your Lawyer?? I agree something small you can talk your way out of it. I've done it 95% of the time with traffic stops. But something serious unless there alot of witnesses and it was a rampage. My mouth is shut,
 
I'm actually saying there's a good chance when your attorney arrives he'll tell you to keep your mouth shut and give no statement at all.
 
As an attorney, I have yet to see a single instance in practice where my client's situation would improve by talking to the cops with or without a lawyer.

I have these videos on my iPhone and regularly email the links to clients or mail the links in advice letters. It's dead on.

I personally talk to cops when pulled over for speeding but only chit chat not about the incident. That you're a friendly comfortable person will get you out of a ticket, having a good explanation RARELY/NEVER will.
I couldn't agree more and my best friend/lawyer has drilled that into my head.

Earlier this week at work, there was a fight on the job. The team leader (with a LONG history of it) goaded a co-worker one time too many. There was some kind of physical altercation which I didn't not see because I refused to stop working in order to do so. The instigator of the "fight" filed a police report and now I have to make a statement. I flat out refused to talk to the police without an attorney present. Smart move too, since from the start, the instigator has been soliciting favorable statements from a co-worker and me. I don't know what he told the cops, but I'd bet money that he lied about what happened, and what I saw (nothing). All contact with the cops has been through my lawyer and that's the way it's going to stay.

Far more people have talked their way into jail than out of it.
 
Judge in gun-rights advocate's case favors self-defense instruction - JSOnline

This is a case where the person doing the shooting did not talk to the police nor anyone else telling his side of the story. He did exactly what everyone has recommened when involved in a shooting. I have no idea what happened that night to cause him to draw his gun and start firing but whatever it was resulted in one man dead and one paralyzed. In his trial he continued his silence. I have posted one of the links about the trial and will let you that are not familiar with the story find the rest on your own but just like the videos say he did not talk to the police other than to call and say two men assaulted him and he shot at them.
 

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