Keep this in mind before the event

[Archie]

What ever happens and if you are involved, you will be asked the same questions any number of times. The first responders, the investigators who figure out the details, possibly someone from the DA's office and likely your Mother. This will go on for longer than you like. Your explanation should not vary. This is not to say you ought to say 'anything' and then keep repeating it, but follow the laws governing your location and keep track of what happened.
Your locale probably has laws regarding use of force and in what amount. Know what they are and do NOT bend them.
Even if the shooting is 'justified', do not fire any more rounds than absolutely needed. Most places do not allow an extra shot to 'make sure'.
Do NOT fire several shots into the ceiling or wall behind the attacker.

If you think you are at risk of attack, stay out of those places. Completely avoid the potential problem. Dealing with a non-problem is much easier than dealing with a problem, either lethal or legal.

If you don't like or believe what I say, check with a defense lawyer.

 

[The Night Rider]

I don't necessarily disagree with this I'm just kind of curious what prompted you to post it

 

[Old Dog]

I don't necessarily disagree with this I'm just kind of curious what prompted you to post it

Reading between the lines, is this like
1. Know your state's deadly force statutes backwards and forwards,
2. Don't shoot to slide-lock,
3. Don't talk to the cops,
4. Lawyer up?

Also curious...

 

[scaatylobo]

What ever happens and if you are involved, you will be asked the same questions any number of times. The first responders, the investigators who figure out the details, possibly someone from the DA's office and likely your Mother. This will go on for longer than you like. Your explanation should not vary. This is not to say you ought to say 'anything' and then keep repeating it, but follow the laws governing your location and keep track of what happened.
Your locale probably has laws regarding use of force and in what amount. Know what they are and do NOT bend them.
Even if the shooting is 'justified', do not fire any more rounds than absolutely needed. Most places do not allow an extra shot to 'make sure'.
Do NOT fire several shots into the ceiling or wall behind the attacker.

If you think you are at risk of attack, stay out of those places. Completely avoid the potential problem. Dealing with a non-problem is much easier than dealing with a problem, either lethal or legal.

If you don't like or believe what I say, check with a defense lawyer.

Sorry but I disagree a bit.
If your involved in a DF incident with ANY tool , do not answer beyond your name.
Then ask for an attorney because that is called " lawyering up" and nothing you say after that is admissible in court.
And if your of any 'age' ask to be taken to a hospital,heart or chest pain etc.
And if at all possible, talk to your attorney BEFORE you need to .

 

[shafter]

Sorry but I disagree a bit.
If your involved in a DF incident with ANY tool , do not answer beyond your name.
Then ask for an attorney because that is called " lawyering up" and nothing you say after that is admissible in court.
And if your of any 'age' ask to be taken to a hospital,heart or chest pain etc.
And if at all possible, talk to your attorney BEFORE you need to .

They'll probably apply for a search warrant for hospital records if they can. I'd be careful what I said to the doctor because if they get those records any doctors notes will be included.

 

[Gordon]

Couple pieces of little known advice here, especially about aged response and hospitals and hospital records.

 

[Jeff White]

They'll probably apply for a search warrant for hospital records if they can. I'd be careful what I said to the doctor because if they get those records any doctors notes will be included.

I don't see this as a problem since many police departments have their officers checked out after the use of deadly force. What incriminating evidence do you think they will get from a cardiac workup?

 

[shafter]

I don't see this as a problem since many police departments have their officers checked out after the use of deadly force. What incriminating evidence do you think they will get from a cardiac workup?

It probably wouldn't be a problem but if there is alcohol in one's blood that will be discovered and also one should be careful what they tell the doctor. People trust doctors and they believe they're conversations will be confidential. The doctor won't tell the police anything but if they enter any notes in the patients file that will come out if a warrant is obtained.

More of something to be aware of than something to worry about.

 

[The Night Rider]

Then ask for an attorney because that is called " lawyering up" and nothing you say after that is admissible in court.

Wait, the way I interpret what I'm reading here is it you're saying that if I ask for a lawyer and then continue to talk to the police of my own free will nothing that I say after I asked for a lawyer is admissible in court.

If that's what you meant to communicate I don't think it's right

 

[Kleanbore]

Wait, the way I interpret what I'm reading here is it you're saying that if I ask for a lawyer and then continue to talk to the police of my own free will nothing that I say after I asked for a lawyer is admissible in court.

If that's what you meant to communicate I don't think it's right

Here are some things to remember:

1. Unless the authorities fail to advise you of your right to remain silent when they should, whatever you say can and will be used against you.
2. Your having an attorney present will not make what you say inadmissible. What you need to do is have your attorney do the talking.
3. What you do not say can be used against you.
4. Unless you cannot afford an attorney, the cost of legal representation is on you.

 

[The Night Rider]

Here are some things to remember:

1. Unless the authorities fail to advise you of your right to remain silent when they should, whatever you say can and will be used against you.
2. Your having an attorney present will not make what you say inadmissible. What you need to do is have your attorney do the talking.
3. What you do not say can be used against you.
4. Unless you cannot afford an attorney, the cost of legal representation is on you.

Yeah, I didn't say any of that.

 

[Kleanbore]

Yeah, I didn't say any of that.

Your comment was correct, and I expanded upon it.

 

[Riomouse911]

You need both custody AND interrogation for the Miranda issue to apply.

You can be handcuffed, Mirandized or not, and sat in the rear of a patrol car while things are being initially unraveled. Even if you say “I want an attorney!”, If no one asks you anything yet YOU start talking on your own, it’s all on you. And there is little to stop it being used in criminal and/or civil proceedings. Lots of folks start up and get diarrhea of the mouth when stressed or in a situation such as post-shooting, often trying to tell their side.

This is what often gets folks in trouble.

Let’s all hope no one here needs such advice, being interviewed by homicide detectives after a shooting or other violent situation is no bueno.

Stay safe.

 

[Old Dog]

With the exception of being a reserve at a fairly large SoCal agency, I've never worked for a department large enough to have a dedicated "homicide division," it was simply detectives investigating everything. And all the dicks were... dicks. No one involved in a defensive shooting, no matter how righteous, will ever be coddled, and the cops you talk to are not your friends. Lawyer up ASAP, keep your mouth shut.

 

[Peakbagger46]

Here are some things to remember:

1. Unless the authorities fail to advise you of your right to remain silent when they should, whatever you say can and will be used against you.
2. Your having an attorney present will not make what you say inadmissible. What you need to do is have your attorney do the talking.
3. What you do not say can be used against you.
4. Unless you cannot afford an attorney, the cost of legal representation is on you.

Regarding #4, no state paid attorneys are given unless the subject is charged with a crime and in police custody.

 

[Jeff White]

Regarding #4, no state paid attorneys are given unless the subject is charged with a crime and in police custody.

In addition, you aren't going to get a public defender appointed until you are arraigned and ask for one, at which point the judge will ask about your income and assets and if he feels you can afford counsel you won't get a public defender.

PDs are not automatic so you're out of luck if you ask for one when initially questioned. If you are truly too poor to afford an attorney your best bet is to give a brief statement of what happened and then invoke your right to counsel. You might end up in jail for a day or two but it's better than talking yourself into a conviction.

 

[Archie]

I don't necessarily disagree with this I'm just kind of curious what prompted you to post it

Why did I post it?
I've heard much advice on what gun to carry and what ammo to use. That is most certainly important. However, even the best instant results will pale when dealing with the aftermath unless one also plans just as much for the following interaction with the authorities.

Looking at the replies it seems to be stirring up some discussion. I am gratified.

 

[GJeffB]

And if your of any 'age' ask to be taken to a hospital,heart or chest pain etc.

I've heard this before. *I* always interpreted it as taking an opportunity to gather yourself, let the adrenalin subside, and gain a LITTLE space/comfort from the investigators prior to accidentally engaging in the "mouth diarrhea." Often times a person has the need to justify/convince someone of the righteousness of their actions, and proceed to convincing those (LEO) that aren't interested in being convinced.

-jb, full on Back the Blue ... if they're not looking at me ...

edited to correct homophone

 

[Kleanbore]

Why did I post it?
I've heard much advice on what gun to carry and what ammo to use. That is most certainly important. However, even the best instant results will pale when dealing with the aftermath unless one also plans just as much for the following interaction with the authorities.

There are certainly things more important that thinking about what gun to use.

One is how to avoid the confrontation, or failing that, how to survive it lawfully.

Let me expand on the subject at hand. One does not want to describe or discuss the situation with the authorities, or to try to justify one's actions.

One does want to prevent important exculpatory evidence and witnesses from disappearing, by pointing them out to the authorities at the time.

And--realize that it is not just the police to whom we do not speak. The rule applies to the media, to friends and colleagues, and to any attorneys whom we have not engaged for the case..

The cone of silence stays in place until

• The statutes of limitation have expired, or
• One has been acquitted at trial and found not liable in civil court

 

[hutch51]

Always Remember -
The State (govt) is not your friend.
Agents of the state are not your friends.
They are not on your side.

 

[scaatylobo]

Wait, the way I interpret what I'm reading here is it you're saying that if I ask for a lawyer and then continue to talk to the police of my own free will nothing that I say after I asked for a lawyer is admissible in court.

If that's what you meant to communicate I don't think it's right

I was presuming that you are placed under arrest.
IF your not free to leave you MUST ASK " am I under arrest".
At that time you 'lawyer up'.
Note time and location for your own records, even though you are likely being recorded [ note that to yourself ].
I am a retired cop at a decade back I would have trusted the law and all officers.
That was a few decades back,been retired 18 years and NOT happy with the way the law is enforced.
Example = the murderer released with lower bail due to 'social pressure'.
I do not know where we are headed , and I am very grateful I am an old man.