What you should do when the police ask you any thing about a crime

[Guest Dr. Detroit]

. . . lawyers on here say more than once that there isn't a whole lot a lawyer can do at 2am and that you need to talk to the cops . . .

Talking to the police without your attorney could be a life-changing decision and possibly the worst decision you ever make. It has nothing to do with your guilt or innocence -- the guiding principle is never talk to the police without your lawyer. Period.

[Wheelgunner]

Dr. Detroit summed up my personal plan of action in the event of a SD shooting.

Personally, I believe encounters with police are part of the SD episode that we all prepare for and hope never to experience. I consider a good working knowledge of my Fourth, Fifth, and Sixth Amendment rights just as important for self preservation as training with my handgun and choosing the proper ammo.

[Guest bkelm18]

Talking to the police without your attorney could be a life-changing decision and possibly the worst decision you ever make. It has nothing to do with your guilt or innocence -- the guiding principle is never talk to the police without your lawyer. Period.

Are you a lawyer? Sorry but I don't buy that. If it's a good shoot I'm going to answer the officer's questions to the best of my ability. I was there. I would be the only person that knew what happened. Not my lawyer. If the police are not satisfied with my answers, then my lawyer will be contacted.

Edited May 22, 2012 by bkelm18

[Oh Shoot]

This topic title mentions the word "crime".

If I've committed one, I'll clam up. If I haven't, I'll give the basics to the first investigating cops.

- OS

[Parrothead]

As far as proving anything through a doctor, that's easy. Unless you are a ruthless cold blooded killer, your blood pressure will be up, your pulse will be up, your resperations will be up and you will most likely get to spend your 36 hours unharrased in the cardiac word. And by the way, the "blood thinner" injections in the stomach hurt like hell! You will have chest pains and will swear to god you're having a heart attack.

I think this is spot on. Without extensive high stress training, i think you will be vomiting on the scene. I had a "close call" and experianced what is listed above. If it would have went sideways, i was going to the hospital. Not sure i shouldnt have gone anyway.....

[kwe45919]

This topic title mentions the word "crime".

If I've committed one, I'll clam up. If I haven't, I'll give the basics to the first investigating cops.

- OS

I'd have to agree with OhShoot on this one.......IF a crime was committed, my lawer will be the first one I speak to. If I did nothing but legally defend myself or my family, I will answer questions and breifly discuss what happened before I'm taken to the hospital as requested for examanation from a tramatic situation. I believe by speaking and explaining the situation, you will help "paint" yourself in the legal light vs. trying to have cops or detectives determine what happened and discover possible shady details.

[Guest 6.8 AR]

Even though you may have not committed a crime, sometimes how you say something could easily get you

arrested. I would only stick with the facts and no embellishments, and make damned sure the cop knew I was

in fear for my life. My lawyer would do the talking after any basic statement, and it would be basic. That's just

prudence. The way some people take things around here ought to give you an idea of how differently a word

can have meaning to different people, including cops.

[alwaysonjohn]

I have not encountered a situation where "remaining silent" stopped them from going to jail. I have seen several situations where talking has provided officers with prudent information to go a different way. If you're innocent you're going to want to make sure the police officer knows that. Invoking your right to a lawyer does not mean we are going to wait around the precinct till your lawyer shows up. It means that I'm not talking to you anymore and you're going to jail and once you go to trial then i'll talk to your lawyer... just my .02.

[DaveS]

This brings up an interesting query; Does our supporting vendor Chip over at Cain Law Firm have the ability or desire to take the case should he get a call? No sense in not continuing to support this site and it's vendors just because you had to rid the world of ghetto trash, right?

I haven't seen our venders come on here about anything....carrying past posted signs or nothing...don't look for it to happen!

[Makiaveli]

Are you a lawyer? Sorry but I don't buy that. If it's a good shoot I'm going to answer the officer's questions to the best of my ability. I was there. I would be the only person that knew what happened. Not my lawyer. If the police are not satisfied with my answers, then my lawyer will be contacted.

Have you and Ohshoot watch the first video? I felt the same way you guys do until I saw that. I didn't see the harm in talking. Don't lie and you can't get tripped up right?

The point is cops are human. They can and will make snap judgment calls. If they think you are guilty they are going to try and find the evidence they "know" is there.

Just like the example he uses. He reads a headline and 5 minutes later the majority of the class implicates themselves in a murder by stating information that could only have been gained by being there. Well that or by mentally filling in the blanks when you heard the story, and then falsely remembering it later.

So you go right ahead and tell the truth AS YOU REMEMBER IT. Just don't slip up and have a senior moment. Or speculate as to who he is, what he was doing etc. Zero chance you will say something that will sound suspicious when they later find out he dated your daughter. Or your neighbor's son. All of a sudden calling him a slur in the heat of the moment that was just totally off the wall could suddenly sound like motive.

[chances R]

I have a law firm's '800' number on my speed dial...answered 24/7. I will call them right after calling 911. I will be cooperative with the police, give them the minimum but truthful info unless advised otherwise. One of the issues, especially in a time of stress, is saying way too much. The police are also under stress. Can you be sure at any hearing or trial that their recall will accurately convey what you said? What you don't say can't be used against you.

[Tnscooter63]

I am way to broke to have any lawyer on speed dial and if you do then I am happy for you, no pun intended, but this doesnt give away my legal rights. I have a plan to make sure the officer knows that my life was in danger and that I would feel more comfortable with a lawyer present with anymore questioning just like I practice my draw. I believe buddy buddy talk can be just as damning as an interigation so if at the time of, God forbid a shoot happens and the very minimal basics are not enough then if they want to arrest me and get me a public offender or until I can afford a lawyer it will be in MY absolute best interest to keep my mouth shut.

[DaveTN]

I am way to broke to have any lawyer on speed dial and if you do then I am happy for you, no pun intended, but this doesnt give away my legal rights. I have a plan to make sure the officer knows that my life was in danger and that I would feel more comfortable with a lawyer present with anymore questioning just like I practice my draw. I believe buddy buddy talk can be just as damning as an interigation so if at the time of, God forbid a shoot happens and the very minimal basics are not enough then if they want to arrest me and get me a public offender or until I can afford a lawyer it will be in MY absolute best interest to keep my mouth shut.

I don’t understand this. You can’t afford a lawyer, but you are going to invoke your right to remain silent, and demand a lawyer?

If you shoot a dirt bag breaking into your house, the cops want to clear it and get out of there as much as you want them out. But you have to understand that they can’t leave until you make a statement. A homicide has been committed and it has to be determined if it was justified or not. They aren’t going to look at the scene and decide it looks like you shot a burglar, and let you be, only to find out later that it was a friend or neighbor you were having an argument with and it was murder.

Why would you want them to take you downtown and set a phone in front of you and tell you to call an attorney?

They have to hear you say it was a burglary/home invasion whatever, and that you don’t know the dead guy. Unless there is evidence at the scene to the contrary, what do you think is going to happen? Do you believe that Officers of your local Police Department would do this? If so, do you have anything other than an internet video to make you think that?

Since we are watching videos and basing our decisions on them… Watch the one where the lawyer made a video recreation of a traffic stop where 3 kids were on their way to a concert and got stopped with pot in the car. Watch as the lawyer tells them to get out of the car, lock the car doors and refuse to answer questions. It’s laughable. Maybe someone here has a link to it.

But if you have kids, don’t let them watch it; they will end up in jail following the advice of what this attorney says to do on a traffic stop.

But whatever… everyone is going to do what they want and no one is going to experience the consequences but them. I’m just suggesting that if your plan involves refusing to talk to the cops until you talk to a lawyer; make sure your plan involves making the lawyer part happen as fast as you can.

[Tnscooter63]

I don’t understand this. You can’t afford a lawyer, but you are going to invoke your right to remain silent, and demand a lawyer?

If you shoot a dirt bag breaking into your house, the cops want to clear it and get out of there as much as you want them out. But you have to understand that they can’t leave until you make a statement. A homicide has been committed and it has to be determined if it was justified or not. They aren’t going to look at the scene and decide it looks like you shot a burglar, and let you be, only to find out later that it was a friend or neighbor you were having an argument with and it was murder.

Why would you want them to take you downtown and set a phone in front of you and tell you to call an attorney?

They have to hear you say it was a burglary/home invasion whatever, and that you don’t know the dead guy. Unless there is evidence at the scene to the contrary, what do you think is going to happen? Do you believe that Officers of your local Police Department would do this? If so, do you have anything other than an internet video to make you think that?

Since we are watching videos and basing our decisions on them… Watch the one where the lawyer made a video recreation of a traffic stop where 3 kids were on their way to a concert and got stopped with pot in the car. Watch as the lawyer tells them to get out of the car, lock the car doors and refuse to answer questions. It’s laughable. Maybe someone here has a link to it.

But if you have kids, don’t let them watch it; they will end up in jail following the advice of what this attorney says to do on a traffic stop.

But whatever… everyone is going to do what they want and no one is going to experience the consequences but them. I’m just suggesting that if your plan involves refusing to talk to the cops until you talk to a lawyer; make sure your plan involves making the lawyer part happen as fast as you can.

As I stated in my previous comment (in red) I would give a basic outline.

I am a bit better with my emotions these days but I am not sure I will be physically or emotionally capable of giving a correct statement if/when a shooting should happen and you just never know when a rookie non-certified officer takes things wrongly.

I am way to broke to have any lawyer on speed dial and if you do then I am happy for you, no pun intended, but this doesnt give away my legal rights. I have a plan to make sure the officer knows that my life was in danger and that I would feel more comfortable with a lawyer present with anymore questioning just like I practice my draw. I believe buddy buddy talk can be just as damning as an interigation so if at the time of, God forbid a shoot happens and the very minimal basics are not enough then if they want to arrest me and get me a public offender or until I can afford a lawyer it will be in MY absolute best interest to keep my mouth shut.

[Makiaveli]

As I stated in my previous comment (in red) I would give a basic outline.

I am a bit better with my emotions these days but I am not sure I will be physically or emotionally capable of giving a correct statement if/when a shooting should happen and you just never know when a rookie non-certified officer takes things wrongly.

This. As I said above, unless there is NO ONE else around to tell what happened, why risk it? What's wrong with your wife making a statement? Kids? (the adult/near adult version) Then all you have to do is invoke your right to not to talk, and say can't we do this in the morning or similar?

Now Dave does make a good point in that some lawyers are educated idiots and have an agenda, ie provoke a confrontation so they can slam on the cops. I just don't think this is one of those cases.

Now as to basing if off more than internet videos, yea I've talked to quite a few cops about this subject, and I've known some people involved in legit shootings. Fortunately they happened in the great state of Kentucky in a fairly rural area and once the cops determined the bad guy was indeed a bad guy and didn't live anywhere near the house they said we'll deal with all this in the morning, you folks have been through enough. But I am not naive and don't think that all cops feel that way. I've met several who practically drool at the idea of putting on their Junior Detective Caps and trying to catch a "real" bad guy.....

Edited May 24, 2012 by Makiaveli