| Never, Ever, Talk to the Police |
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Friday afternoon law school moment (via lotp - O Club) |
Sunday, November 15, 2009
Zip it up
16 comments:
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Rodger the Real King of France said...
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Note to Scooter Libby: Go to the 13:35 mark ... .
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11/15/09, 9:54 PM
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Anonymous said...
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lol, no kidding. 10,000 laws, we're all guilty of something everyday.
Casca -
11/15/09, 11:23 PM
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Kaptain Krude said...
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When I applied for my concealed handgun license, this is one of the videos that my instructor showed me. He said that the only thing he didn't like about this video was that the lawyer talked like a used car salesman. Gives great advice, however.
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11/16/09, 12:19 AM
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Anonymous said...
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Please watch this anyway.
1) There is no way that it can help you.
2)If your client is guilty -- and even if he is innocent -- he may admit his guilt with no benefit in return.
3)Even if your client is innocent and denies his guilt and mostly tells the truth, he can easily get carried away and tell some little lie or make some little mistake that will hang him.
4)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.
5)Even if your client is innocent and only tells the truth and does not tell the police anything incriminating there is still a grave chance that his answers can be used to crucify him if the police don't recall his testimony with 100% accuracy
6)Even if your client is innocent and only tell the truth and does not tell the police anything incriminating and his statement is videotaped, his answers can be used to crucify him if the police don't recall their questions with 100% accuracy.
7)Even if your client is innocent and only tells the truth and does not tell the police anything incriminating and the entire interview is videotaped, His answers can still be used to crucify him if the police have any evidence even mistaken or unreliable evidence that any of his statements are false
Clients are stupid
Most confess... don't tell your story.
The police get paid ~$58/hour on overtime, they are not motivated to leave.
Pub defenders like easy cases, if you confess = slam dunk
It doesn't matter what you say, you did something wrong.
The police are professional interviewers, you will lose.
They will confuse you in the explanation of maranda rights to think that you can say anything.
Allow silence. It is okay. Police use it to cause tension.
Misdirection happens with police interviews.
Police are allowed to lie in "interviews"
Interviews are always being recorded, even if they "turnoff" the tape recorder, there is always another tape recorder / video camera going.
Nothing is ever off the record, that only exists with unicorns.
Don't write a letter of apology, it will be used as a confession.
You will get convicted with it.
THor~
III -
11/16/09, 3:10 AM
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G. Willickers said...
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THor was taking notes.
The #1 lesson I got was you can't talk your way out of it. People constantly make that mistake. Watch COPS and you'll see it time and again.
Cops also have plenty of tricks to get people talking. They tell you to "man up and admit it", attacking your manhood. They tell you you can "make things easier" by talking. Easier for them, that is. They'll ask, "Why did you (x, y, or z)?" Explaining why is essentially admitting it.
The best ever on COPS was when the officer told the perp "The truth shall set you free", appealing to his religious sentiment/conscience. No, the truth shall not set you free. The truth will get your ass locked up. -
11/16/09, 6:32 AM
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Anonymous said...
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Pure gold! I always believed one shouldn't talk even if entirely innocent, but this video really drove it home, in these Obamanation days. Thanks so much for this one.
Juice -
11/16/09, 9:30 AM
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Rodger the Real King of France said...
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You're welcome Juicy. Send more naked pictures.
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11/16/09, 9:45 AM
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Anonymous said...
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That's why whenever the coppers pull me over, and ask, "Do you know why I stopped you?" I always reply, "Well, I am an exceedingly handsome man."
Casca -
11/16/09, 10:07 AM
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Rodger the Real King of France said...
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Which is what he's talking about. :) Seriously, it's well worth the 20 minutes or so to listen to his presentation.
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11/16/09, 10:18 AM
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Anonymous said...
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I will force Mrs. Annoyed and the kids to watch this video. I first got this kind of advice from Massad Ayoob's book In The Gravest Extreme. He talks of people involved in self-defense shootings getting "diarrhea of the mouth" at the worst possible time, just after using their weapon, when emotions and adrenalin are high. He gives good advice: shut the hell up. Talking won't save you from being arrested.
Once a cop gives the Miranda warning, STFU. You might get away with a mistake in something you say before the Miranda warning, because up to then what you say can't be used in court, but it can give the cop cause to dig deeper. Once you hear that warning, zip it. Then there's no dispute about whether something was said before or after it. A judge will ask the cop if something was said before the Miranda and if the cop says "weeellll, kinda yes..." it will be out.
I think he even says you can insist the cop give it you if you're being questioned without it. If the cop says "If you won't answer my questions, I'll have no choice but to arrest you", STFU and assume the position. Being arrested is scary but it's not as bad as going to prison. It applies to any contact with the police, right down to a traffic stop.
I think there's just one sort-of exception: performing a sobriety test or submitting to a breath test is something you ARE required to do in many states. Refusal is an admission of DWI in some. It's the one thing that requires NO probably cause, you give permission just by driving. But even then, you do not have to talk or answer questions, including "how much have you had to drink?"
I'd like to ask a lawyer if I can tell a cop, "If you want me to talk to you, put away that Miranda card. I'll talk until you read it. After that, you'll get nothing."
Another thing: NEVER NEVER NEVER give permission to search! If they have probable cause, they don't need it. If they're asking for it, it means they don't. NEVER.
I am not a lawyer and this is not legal advice.
AWM -
11/16/09, 10:24 AM
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Rodger the Real King of France said...
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I believe the massage is ... don't wait for Miranda.
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11/16/09, 11:19 AM
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Chuck Martel said...
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Don't give a breath test -- even if your license gets suspended for not giving one. Take the suspension. It's easier to beat a DUI if there isn't a breath test.
Don't do field sobriety tests. It's easier to beat a DUI if there aren't any field sobriety tests. -
11/16/09, 12:18 PM
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Chris in NC said...
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Some of the best 50 minutes I have spent. Thanks Rodger!
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11/16/09, 7:35 PM
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Kristophr said...
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Thor:
You missed the most important one:
Even if your client is innocent and only tells the truth and does not tell the police anything incriminating there is still a grave chance that the police will fucking lie about what the client said while off camera, or will lose the tape and lie anyway.
The best response to a policeman lying about what you said is to be able to truthfully say in court that you said absolutely nothing. -
11/16/09, 8:30 PM
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pdwalker said...
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This truth of this advice became abundantly clear after the Martha Stewart case.
The police are *not* your friends. -
11/16/09, 10:46 PM
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Anonymous said...
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Get Boston T. Party's excellent book "You and the Police". Read it monthly.
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11/19/09, 1:03 AM
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