Right to remain silent - Page 5

Right to remain silent

This is a discussion on Right to remain silent within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; There's been a lot of great advice given, and my best advice is to spend a couple of hundred bucks a year to keep yourself ...

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Thread: Right to remain silent

  1. #61
    Member Array Eaglebeak's Avatar
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    Aug 2011
    Republic Of Texas
    There's been a lot of great advice given, and my best advice is to spend a couple of hundred bucks a year to keep yourself protected by a reputable firearms legal-aid insurance because looking around for an attorney after the fact is the worse case scenario. Having legal counsel available to get you past the cops, DA and criminal court system is only the first step because, more than likely, you'll be sued by the perp's family in civil court (at no cost to them) by a readily available "ambulance chaser" who specializes in personal injury/death awards at no charge when he/she collects 60% of any judgment they get from an all too liberal civil court system.

    Having been in law enforcement myself, I fully agree with JBachman that the police are NOT your friend when you've discharged your weapon in self defense. When they arrive on the scene, EVERYBODY, is a suspect - and your claim of shooting in self-defense has already been heard a few times that day from a number of bottom-feeders who just drilled their girlfriend's secret lover, had a drug deal go bad, or just popped Freddie because he didn't show them proper "respect".

    Since most cops want to personally assess the situation, seek every possible motive, formulate a scenario and home in on a suspect within the first few minutes of their arrival on the scene, anything you say is going to be highly scrutinized and mentally twisted in every possible manner to see if they can find (or conjure up) any possible holes or inconsistencies in every word spoken. However, remaining totally silent and only invoking your 5th Amendment rights automatically casts a light of suspicion that you're guilty of something and claming up until your mouth-piece arrives.

    For those who've ever been in the military, I've been advised to consider yourself as a POW when the police arrive and give them the equivalent of your "name, rank, and serial number" without remaining totally silent or expounding on anything else until you speak with an attorney. In this case, your name, rank, and serial number will simply be:

    I/We were attacked
    I feared for my/our life
    I stopped the threat
    With your permission, I will retrieve my ID, CHL, and attorney's card that I ask you to read
    I will answer no further questions until my attorney is present

    Personally, I like what's on the back of my legal-aid card because presenting that to a police officer is in effect giving him your "Miranda Warning".

    "The holder of this card is a client of xxxxxxx and has hereby invoked their rights pursuant the 4th, 5th, and 6th Ammendments of the U.S. Constitution, Texas Constitution Art. 1. Sec. 9 & 10 and Texas Code of Cri. Pro.38.22. Any questioning of this individual must be immediatly suspended and shall be continued only in the presence of, and with the advice of, legal counsel".

    You have communicated with the police, said only what you're normally required to say to identify yourself, and have the related events that have just transpired in the simplest and most non-incriminating manner possible. Saying nothing else from that point on or running off at the mouth will make absolutely no difference as to whether you're booked into jail or left to your own recognizance because that will be the decision of the police officer in charge after you've willingly communicated only the basics. Anything else you say can not only be used against you in criminal court, but will also become public record to be twisted around later by a sleezy attorney in a civil court lawsuit aimed at owning everything you'll ever have for the rest of your life.

    Other than your handgun, having legal insurance that covers both criminal and civil action is the next best self-defense tool you'll ever have. I keep my driver's license, CHL, and insurance card all back-to-back in the same wallet pocket so I can pull all three at once to present to any police officer - even if it should (hopefully not) be only for a minor traffic violation.

  2. #62
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    Apr 2010
    Other than your handgun, having legal insurance that covers both criminal and civil action is the next best self-defense tool you'll ever have. I keep my driver's license, CHL, and insurance card all back-to-back in the same wallet pocket so I can pull all three at once to present to any police officer - even if it should (hopefully not) be only for a minor traffic violation.

    So you are going to invoke all the above rights and not speak without an attorney for 65 in a 55 zone?
    "A first rate man with a third rate gun is far better than the other way around". The gun is a tool, you are the craftsman that makes it work. There are those who say "if I had to do it, I could" yet they never go out and train to do it. Don't let stupid be your mindset. Harryball 2013

  3. #63
    Distinguished Member Array The Old Anglo's Avatar
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    Sep 2007
    Quote Originally Posted by tomtsr View Post
    Mas Ayoob says:

    1. Call 911
    2. Officer this person attacked me, I will sign the complaint,
    3. Officer here is the evidence (knife, gun, ball bat, whatever).
    4. Officer these are the witnesses.
    5. Officer you will have my full cooperation in 24 hrs after I see my attorney.

    Can't improve on that.

    What you say WILL be used against you in court.
    Yes,This is my GOLD Standard. I will make a report AFTER I`m seen at the Hospital for shock and have consulted my Lawyer.

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  5. #64
    VIP Member Array paaiyan's Avatar
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    Feb 2010
    Based on advice I've been given:

    1. Holster after situation is de-escalated.
    2. Call 911. Inform them I was attacked and that the situation is no longer hostile.
    3. See if there are any trustworthy witnesses on scene.
    4. Ready ID and LTCF.
    5. Officers arrive: *That* person attacked my wife and I with *that* weapon. I feared he was going to harm us, so I discharged my weapon at him. My wife did the same. *That* person saw what happened. My wife is feeling a bit shaken and I'd like to have her attended to by a physician, please.
    WARNING: This post may contain material offensive to those who lack wit, humor, common sense and/or supporting factual or anecdotal evidence. All statements and assertions contained herein may be subject to literary devices not limited to: irony, metaphor, allusion and dripping sarcasm.

  6. #65
    Member Array Nicegy525's Avatar
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    Nov 2011
    Vancouver, Washington
    I thought this video might be relevant for the topic, it has commentary from the lawyers side and the LEO's side

    Law school professor explains why not to talk to police. [VIDEO]

  7. #66
    Distinguished Member Array kelcarry's Avatar
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    Nov 2009
    charleston, SC
    apv made a good point. Recently on one of these forums there was a video showing the affects of talking to the police and being honest or thinking you are being honest and then finding out that your statements either conflicted each other or were twisted as turned right back on you. After the fact, the police are not there to protect anyone or stop anything from happening, they are there to find out who did what and who they should or could arrest and make life easier for the prosecutor. You may think you are doing the police a favor as a good civilian, but that is not what the police are considering in your statement.

  8. #67
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    Array MattInFla's Avatar
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    Nov 2005
    Central Florida
    One thing to bear in mind is that the officer you are speaking to may believe that your actions were justified.

    That officer's supervisor, reading the report later on, might have a different view.

    As might the prosecutor.

    Anything you say or do in the aftermath of a defensive shooting will be reviewed by a much wider audience than the officer or officers you initially speak to. A concise, brief, extremely limited initial report (as several have suggested above) followed by engaging an attorney is, IMHO, the best course of action.

    You need someone who can manage the way your side is presented to all of the various parties.

    DoctorBob likes this.
    Battle Plan (n) - a list of things that aren't going to happen if you are attacked.
    Blame it on Sixto - now that is a viable plan.

    Learning to shoot again : Starting Over

  9. #68
    Member Array Davensquirt's Avatar
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    Jan 2009
    I'm sorry, just very confused by thhe statement made that, Catholic's are not compelled to testify and your spouse can testify against you ?????????????????????????
    I carry a gun cause a cop is too heavy.

  10. #69
    3D is offline
    Senior Member Array 3D's Avatar
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    Sep 2009
    The reason I'm inclined to use the limited response suggested by many here has nothing to do with my trust or distrust of the police, the D.A., the media or anyone.

    It's my experience that everyone makes an internal "INTERPRETATION" of everything they see, hear, feel etc. then respond to events prejudiced by their own interpretation. Indeed - it is probably my 'interpretation' of circumstances and events that caused me to shoot to stop a percieved deadly threat.

    One thing I know for sure is that I cannot control anyone's 'interpretation' (or misinterpretation) of what I may say .... so I think it best to give them little to interpret until I receive counsel.
    "It is easier to resist at the beginning than at the end"____Leonardo da Vinci 1452-1519

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