No doubt a lot of the outcome would depend on your own state laws.
Printable View
No doubt a lot of the outcome would depend on your own state laws.
I know we have all seen the detective shows on TV. Just don't do what they always do on TV. If there is a weapon on the ground, DO NOT PICK UP A FALLEN WEAPON. You don't want your hair, blood, sweat, breath vapor, or anything else on a fallen weapon if it is not yours. Don't let anyone else pick it up, either.
I always laugh when someone on TV comes across a dead body, the first thing they do is to pick up the murder weapon. I know it's in the script, but come on, let's have a little reality once in a while.
I see no reason to unload the gun after the incident. As stated before, the cops will not be there instantly and you would be leaving yourself vulnerable.
Exactly right.Quote:
Originally Posted by tacman605
FL was the the 1st state to have the castle doctrine law in place. I believe since 1985. This year it was extended to wherever you might be if legally carrying (I always assumed this was the case in every state, and I was shocked to find out this was not the case). Also you cannot be subject to civil liability unless criminally charged. I am almost sure of this.
They certainly have the power to arrest you. A homicide (assuming the BG is dead) has occurred and you are the shooter. Whether it is a murder or not has yet to be determined.
I would ask to go to the hospital and get checked out. After that I would have no problem at all being arrested or at least being taken to the station for a while. Depending on the circumstances that could very well be the safest place to be for a while. The last place I would want to be is hanging out at the scene waiting for the deceased's family and friends to show up. I definitely don't want to be there when the TV crews show up.
IMO Most probably you wont be arrested. But the police must conduct an investigation. They will probably ask for some kind of a statement. I would make a simple statement beyond pedigree info. But that a personal choice. I wouldnt ask to go to the hospital if I didnt need to. While on the scene there is no reason to make a summary arrest as long as the subject is cooperative. I'd advise you to NOT unload the gun, but holster it. When the police arive allow them to unload it. In fact touch nothing. If you know where something is... direct the police to it.
If at home, my biggest concern is keeping the kids (pets) out of the now crime scene. Holstered weapon, and surfing the web looking for a lawyer to call while waiting for the first responders, and start making calls (work - may not be in for my next shift, family members, Lawyer if I find one - otherwise I leave it up to the wife or family to find one sine I am obviously going to be otherwise occupied for a long while, and likely will not be allowed to make any calls). Might think about putting on a pot of coffee.
In public...keeping any witnesses from leaving and talking to each-other, and keeping everyone out of the now crime scene, especially away from any weapons or evidence...while waiting for the first responders. Hopefully I will have some sort of mental facilities to start taking pictures of my own of any evidence that I know of just to make sure nothing gets missed or walks away.
Once the LEOs arrive, I will pretty much have the same responses as above.
Hold the pizza for now:hand10:Quote:
Originally Posted by retsupt99
As you are all aware by now (hopefully) I am a strong supporter of Law Enforcement. And I am a strong advocate locally and extremely vocal with my local council with regard to a precious few of them wanting to "part time" our full time officers & merge police stations with neighboring boroughs & voicing the need for our officers to have the latest & best equipment to work with.
There is a time to open your mouth & there is a time to keep quiet no matter how Pro Law Enforcement you might be.
Even if you ARE a Police Officer in addition to being a DC Forum Member - Watch these videos. Yes, they are fairly lengthy videos.
No matter if you are a civilian who carries for personal protection or you are Law Enforcement - you will understand exactly WHY a person should not talk to Police following a shooting & until advised by a qualified attorney.
I promise you all that you will discover reasons that you never even considered as a possibility after watching these 2 videos.
The "Part 2" speaker IS Law Enforcement.
http://www.youtube.com/watch?v=i8z7NC5sgik
http://www.youtube.com/watch?v=08fZQWjDVKE
Actually, any statements made asking for, or during the course of medical treatment in the aftermath of a self defense situation would be admissable under the rules of evidence's hearsay rules as a present sense impression &/or exicited utterance.Quote:
Originally Posted by hogdaddy
Doctor-patient confidentiality wouldn't apply because you wouldn't be alone with the doctor after being involved in a use of force situation.
Hate to burst in with those pesky rules of evidence, but they actually do influence things.
Regardless if you know about them.
:danceban:
I agree with you. If it's a good shoot, I expect my assailant to be the one with "a long criminal history" or a "history of mental problems", not me. There's always the possibility that I will be unfortunate enough to be the bad guy's first offense, but I seriously doubt it. I might be asked to go to the station, but if I'm "cuffed and stuffed" something isn't right and I'm keeping quiet until I have my attorney with me.Quote:
Originally Posted by limatunes
QKShooter, you beat me to it. I was going to post those exact same two videos.
I only saw those a few months ago. Before that, I would have blabbed everything that happened to the cops, thinking I was doing the right thing. But after seeing those videos, I realized should I ever find myself in that situation that instead I will say the bare minimum that needs to be said. Basically, "I was attacked, I defended myself, I want a lawyer."
I don't want to give them any information because from the sound of it, nearly anything can be used against me even if I wouldn't think it could be at the time.
Watch the video QKShooter posted. Absolutely eye-opening. SAY NOTHING to police. NOTHING. Your 911 call is evidence. Even something you think is helpful or innocent CAN AND WILL BE USED AGAINST YOU.
If the gun has dropped, leave it if you can do so safely. This is now a crime scene. If you still have the gun, holster it or keep it near you, but not in hand. It will most likely be taken as evidence.
Chances are you will be arrested, and at the very least detained. Killing someone is a crime. It will take time for the cops and the prosecutors to decide if you will be charged or not.
And, this is kind of important, don't go around on internet forums saying you can hardly wait to blast some dirtbag. When officers arrive on the scene, what they should find is someone full of fear and remorse, who regrets having shot someone but was forced to because he had no other option to protect his own life or the lives of his family.
IF the DA decides he's going to nail you, everything from your NRA membership to your Glock underpants is going to be up for public scrutiny.
Wealthier people, who have attorney's on retainer, NEVER talk to the police without representation... many times they do not answer any questions for a very extended period! ( The Ramsey's, Tiger Woods, for examples...this list goes on and on). I agree with a simple statement of the facts, and when a question is asked saying " I feared for my life (and those of my family) and did what I had to to protect it (them). As I am sure you understand I am very upset right now and really have nothing further to say until I speak to an attorney..." Keep in mind, in ANY police interrogation, whether beside the road or wherever, it is NOT legal for you to lie to THEM, it IS legal for them to lie to you! Therefore, the moment you hear something that can't possibly be true, CLAM UP!!!!!!!! SHUT UP!!!!!! and exercise your right to have an attorney present during any questioning.