Don't talk to the Police

[ilbob]

Now all these years later, new DNA methods have proven neither of the parents are suspects.

And it was pretty obvious about 3 months into the 12 year ordeal that the investigators blew it early on by focusing on the parents. Their refusal to admit their mistake a long time ago is an affront to every law abiding citizen. yet, you will notice nothing bad happened to the cops or the DA for this 12 year long witch hunt.

Thats is why you can never, ever consider a cop or DA as a friend in this kind of situation. They are there to pin the crime on someone. They probably prefer to get the right guy, but if they focus on the wrong guy upfront, they will always take their time admitting it. Don't help them to screw with you by saying things w/o your lawyer present.

 

[wyocarp]

Even in simple traffic stops, cops use what you say against you. Police are not your friends! Nothing extra should be said to them. They write down anything you say that can be used against you on the back of the tickets. Get a copy of the back of the next ticket you get and you'll never have extra conversations with police officers again. They are wolves in sheeps clothing.

 

[ilbob]

They are wolves in sheeps clothing.

I don't think that is quite the case. But do not mistake a cop with a friendly demeanor for a friend.

I will say it once more. I do not believe most cops are the enemy. That does not make them your friend, any more than it makes friends of the 7 billion other people who are not your enemy.

They are there to do a job for an entity that in many cases is, if not your enemy, certainly unfriendly.

 

[revjen45]

" If some LEOs come on to the deal as hostile toward you, sure, keep a zipper on your lip. Get a lawyer ASAP."
Yeah, that's why they will act like your buddy and try to gain your trust. You catch more flies with honey, etc... Remember, their job is to supply the D.A with busy work.

 

[wyocarp]

They are there to do a job for an entity that in many cases is, if not your enemy, certainly unfriendly.

That makes them the enemy in my book. If they aren't for you, they are against you!

 

[ilbob]

They are there to do a job for an entity that in many cases is, if not your enemy, certainly unfriendly.

That makes them the enemy in my book. If they aren't for you, they are against you!

In the real world it is not quite that simple. Instead of hating cops, you should be cautious around them and take your wrath out on the politicians at election time. I know that does not have a whole lot of immediate gratification, but in the long run it solves things, while merely hating cops does not.

Someone has to enforce the law. Anarchy is not a good option. The problem is not so much with those who enforce the laws, but the laws themselves.

 

[mbt2001]

Just a note...

I think that the 5th amendment is more of a prohibition against torture than anything. How can you be COMPELLED to give evidence against yourself absent some kind of physical or psyc. torture?

 

[ilbob]

Just a note...

I think that the 5th amendment is more of a prohibition against torture than anything. How can you be COMPELLED to give evidence against yourself absent some kind of physical or psyc. torture?

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

I don't see a prohibition against torture in there. You obviously could not use the proceeds of the torture in a criminal proceeding though.

 

[Sebastian the Ibis]

Stop for a minute and think about it..

If a cop had enough to arrest and convict you for everything he wanted would he even speak with you? NO.

They ask you questions so that they can get information to prosecute people, either you or someone else- but you don't know who that is. Just watch a dozen episodes of Cops and you will know what happens when you don't invoke.

 

[mbt2001]

I think it is implied... One of the most obvious ways to compell someone to do something is by force.

 

[ilbob]

I think it is implied... One of the most obvious ways to compell someone to do something is by force.

Note the use of the phrase "criminal case". If there is no criminal case involved, that part of the 5th does not apply.

I am not advocating widesprad use of torture by government, but the 5th just does not prohibit it directly.

 

[Henry Bowman]

This thread has wondered far astray, has been hashed and rehashed interminably, contains far too much misinformation and opinion not based on legal knowledge.

Enough.

 

[Coronach]

HB closed the thread, but I wanted to clarify one point:

A Leo involed in a shooting, will not talk to an investigator withg out representation. why should you?
If you think you are going to be in "control" of your mouth post shooting, think about how you feel or react post a MVA.

Is this what happens when a LEO is involved in a shooting? If so, should it be different for a non-LEO? And if so, why?

When a LEO is involved in a shooting 'round here, the LEO will make a VERY basic statement of fact at the time. To wit: "I was roughly here, he was roughly there. He had a gun, I shot him. I think there were some people over there who may be witnesses."

The purpose of this is to give the investigators a very general idea about what happened, so they know the scope of the scene and where to look for witnesses and physical evidence.

This is generally what a defensive shooter should do as well. The cops need to know who shot, so they know that no one else is involved (either as sender or recipient of bullets). The cops need to know, generally, where the shooting happened. The cops do not need to know immediately WHY you shot, beyond "I was in fear of my life".

Make a brief, general statement, request your attorney, and SHUT YOUR MOUTH. This is exactly what the LEOs do, and it's exactly what you should do.

IANAL, and you really should consult with one prior to contemplating defensive use of a handgun. Besides, if you say you want your lawyer, their first question will be "OK, who is it?" You should probably have an answer. Now is not the time to open up the yellow pages and flip to AAAAAAAAAAAAAAAA1+ Bail Bonds, Criminal Defense, Paternity & Divorce, LLC. You want someone who knows whatthe heck he is doing, not someone who knows how to do an arraignment with low bond and negotiate a good plea.

Again, this is not to get this thread fired back up again, it is merely to clarify that point. You should do what the cops do: VERY general statement, request a lawyer, politely decline to answer further questions.

Mike