So what's done is done and now the cops are here...

[CountShotula]

a self-defense situation has just occurred from an attack and resulted in your assailant either dead or dying. You call for an ambulance and for the police. Now the cops have arrived and wish for a statement. (Every situation is different so don't take all this to be exact) You present your concealed handgun permit, your disarmed handgun, and visually/verbally show the officers the evidence "I was a afraid for my life and was forced to discharge my handgun. That man attacked me, there is/are his weapon(s) (if any), here is where it happened, those are your witnesses (if any)" After which you invoke your fifth and sixth rights. What's next? Do the officers have any power to take you under arrest?
I guess I just don't know the law enforcement side to a self defense situation and what they have in their power to do and act in a current situation.
Any LEO's here who have dealt with a citizen self-defense situation?

[DefensiveCarry.com]

[tacman605]

Ummmm ok the 5th is in regards to self incrimination and double jeopardy, the 6th is right to a speedy trial. I think what you are talking about it invoking your right to remain silent and to speak with your attorney. That is part of your miranda rights and pertains to questioning in regards to an incident or crime that goes past the basic information questions name, DOB and so on.

Not busting your chops just stating fact. To answer your questions sure they can and will detain you until things get sorted you may even be arrested, booked, charged with a crime, go to trial and have to prove your innocence. Even if found not guilty at a criminal trial you now may have to face civil proceedings which the standards are much lower and find yourself paying the criminal, his family or his estate a large sum of cash for his injuries.

Now with all that being said it all depends on the totality of the circumstances regarding the event. I would expect LE to conduct a fair and impartial investigation and gather the facts of the case and base a decision on that.

[retsupt99]

If the dirtbag is dead, I call 911, if he's dying, I order a pizza and after it arrives, I call 911.

Say as little as possible, be extremely polite, and ask that your lawyer be present for questioning...then ask to go the hospital to be seen by a doctor because you're not feeling well.

[xXMens ReaXx]

After a self defense situation I would fully expect to go downtown in handcuffs for questioning, an arrest, etc.

Just be prepared. Remember the cops don't know that you were the good guy here.

[Saber]

This is where it gets sticky. You say too much and it comes back to haunt you. You say too little and they detain you until they determine the basic facts. I pray to have enough composure to wait for my attorney and not be threatened with an arrest unless I cooperate with a full statement. Remember, even truthful innocence will be used against you at some point.

[CountShotula]

tacman605 yes I am referring to those.
retsupt99 not challenging you but why ask to go to the hospital?

Don't mean to play devil's advocate here but would it actually look better in court for yourself if you did in fact kill your assailant? Save from him giving "his side to the story" to the jury and potentially incriminating you.

[hogdaddy]

Hospital Buys time for you to gather yourself ; )
H/D

[archer51]

I fully expect to be cuffed and transported to the station, if I have to use my gun, until the shooting has been investigated. Especially if there are no witnesses to the incident.

[archer51]

If the dirtbag is dead, I call 911, if he's dying, I order a pizza and after it arrives, I call 911.

Say as little as possible, be extremely polite, and ask that your lawyer be present for questioning...then ask to go the hospital to be seen by a doctor because you're not feeling well.

Next time leave the anchovies and jalapeno peppers off the pizza!

[limatunes]

Hospital Buys time for you to gather yourself ; )
H/D

Not to mention adrenaline and shock can keep you from being aware of injuries... especially internal ones. Getting checked out is a good thing.

Personally, if it's a "good shoot" I do not EXPECT to get cuffed and stuffed though it does depend a lot on local attitude, training and politics. Some places are far more understanding towards self defense than others.

Around here there seems to be a very good batch of officers, a few of which are in my Yoga class with me. I would give them the barest of information, ask to go to the hospital. Expect to be asked to give a statement (and IF I chose to give a statement it would be brief) and while I can't say I would be shocked if I were arrested I wouldn't expect it either.

I would expect the officers to do their job and try to determine what happened. I would expect them to tell me that I shouldn't leave the area and that they will be in contact if they have any more questions. I would expect to start feeling the after effects of the adrenaline dump... hopefully it would happen in the hospital and by then I would have my husband near me. Thankfully he can't be made to testify against me so I would likely feel so much more comfort support and relaxed. I wouldn't be surprised if an officer accompanied me to the hospital to gather any additional evidence that might be on my body (blood, hair, etc).

If they arrest me, so be it. I'll still ask to go to the hospital and tell them I want a lawyer. From there I'll take it an hour at a time.

[kelcarry]

Hey tacman: Count says he lives on "earth" which could be one of our finer progressive/liberal states where perps are given the benefit of the doubt. He has got to move to SC and other states that do not take this crap when it comes to civil suits. In SC, if you are found not guilty or are not even prosecuted criminally, you are absolved of any civil liability. The weight of criminal liability in SC sides mostly with the citizen's self defense and not the slimeballs. Of course this makes too much sense to most of these crazy nanny state anti-gun politicos in many states and that is a shame.

[gunsnroses]

"Officer. I am the one who called the police. This man/woman tried to attack me and I felt my life was in danger. Here is the evidence and over there are the witnesses. You will have my full cooperation in 24 hours after speaking to council."

Thats all I would say. I would be fully expectiong a ride downtown even if it happens or not.

[paullie]

a self-defense situation has just occurred from an attack and resulted in your assailant either dead or dying. You call for an ambulance and for the police. Now the cops have arrived and wish for a statement. (Every situation is different so don't take all this to be exact) You present your concealed handgun permit, your disarmed handgun, and visually/verbally show the officers the evidence "I was a afraid for my life and was forced to discharge my handgun. That man attacked me, there is/are his weapon(s) (if any), here is where it happened, those are your witnesses (if any)" After which you invoke your fifth and sixth rights. What's next? Do the officers have any power to take you under arrest?
I guess I just don't know the law enforcement side to a self defense situation and what they have in their power to do and act in a current situation.
Any LEO's here who have dealt with a citizen self-defense situation?

i dont like this part at all, it should be in your holster, having a gun in your hand at a "crime" scene is a good why to get shot by some kid that just happen to get his badge that morning

[CountShotula]

i dont like this part at all, it should be in your holster, having a gun in your hand at a "crime" scene is a good why to get shot by some kid that just happen to get his badge that morning

Didn't I say "don't take all this to be exact"?
By "disarmed" I mean to have it unloaded when they arrive. Telling the officer that you were just involved in a shooting and are still carrying a loaded handgun might get you off on the wrong foot.

[Guantes]

I don't really see that as a concern. The concern for further criminal activity prior to the arrival of LE would be a legitimate reason for not unloading you gun.