Question about spouse talking to police after a shooting...

Question about spouse talking to police after a shooting...

This is a discussion on Question about spouse talking to police after a shooting... within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; I know this has been thrashed out a million times, but the wind was blowing like crazy last night and I kept hearing weird noises ...

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Thread: Question about spouse talking to police after a shooting...

  1. #1
    VIP Member Array Kerbouchard's Avatar
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    Question Question about spouse talking to police after a shooting...

    I know this has been thrashed out a million times, but the wind was blowing like crazy last night and I kept hearing weird noises and couldn't sleep.

    Anyway, as I was sitting their trying to sleep, I started to wonder about something. I think most of us have made up our minds as to whether we would give a statement to the police after a shooting and I think most of us even know what we would say.

    So, assuming you are one of those that wouldn't give a statement until you had consulted with a lawyer or had some time to let the adrenaline stop pumping, have any of you talked to your spouse about what she should, or should not say?

    I know that a lot of states used to have laws saying that a wife/husband was not required to testify against their spouse, but I do not know if that would rule out a statement or not.

    I'm just wondering if an excited utterance by a spouse is something anybody has ever considered, and if anybody has had a talk with their spouse about what information they give freely.
    Last edited by Kerbouchard; January 2nd, 2009 at 12:31 PM.
    There are two sides to every issue: one side is right and the other is wrong, but the middle is always evil.

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  2. #2
    VIP Member Array NCHornet's Avatar
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    My wife would give the same statement that I would. A very brief, very brief description of the event, with being very sure to repeat how I was in fear of my life and life of my family members. I live in a small town and know the Sheriff so I am not as paranoid to speak to the officers, but I sure am not going to provide anything but pertinent information keeping my answers to a Yes or No as much as possible. Sometimes clamming up and asking for a lawyer can make you look guilty to some. Everyone's position is different as are the scenarios they will be reporting on, so there is no one response that will apply in all situations. At least not in my neck of the woods.

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    VIP Member Array Dal1Celt's Avatar
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    I would have to say that I would ask to speak to a lawyer prior to anything else. My wife would also not make any comments to LEO's without consulting a Lawyer aswel.

    My kids on the other hand would probably machinegun talk to anyone without a second thought... But that's kids for you. And I love mine!
    "Without fear there can be no Courage!"

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    Senior Member Array mi2az's Avatar
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    After seeing that Youtube post given on this forum about dicussing with police, the only statement I would give is , "I felt my life and my family's lives were in eminent danger of loss of life or great bodily harm"
    "When the people fear the government you have tyranny...when the government fears the people you have liberty."

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    Everyone in my household knows to say, "I was in fear for my life, please arrest that man. I will be happy to make a statement after I have consulted with my attorney." and then shut up if they have to shoot someone. We have not discussed what to do if you are a witness. Too many unknowns to take into consideration.

    Ryan

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    Name rank & sereal#

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    VIP Member Array Kerbouchard's Avatar
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    Quote Originally Posted by mi2az View Post
    After seeing that Youtube post given on this forum about dicussing with police, the only statement I would give is , "I felt my life and my family's lives were in eminent danger of loss of life or great bodily harm"
    Right, like I said, I think most of us have decided what WE would say.
    I believe that conversation is the proverbial

    I am specifically wondering about what a spouse would say, and if anybody has ever talked to them about it.
    There are two sides to every issue: one side is right and the other is wrong, but the middle is always evil.

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    VIP Member Array JAT40's Avatar
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    Excellent thought, have the wife/kids all on the same page before the police arrive. That's our story and we're sticking to it.
    While people are saying "Peace and safety," destruction will come on them suddenly, ... and they will not escape. 1Th 5:3

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    No matter what you decide you want to do, people who were not directly involved need to keep their pie holes shut at all times.
    "Just blame Sixto"

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    VIP Member Array Kerbouchard's Avatar
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    Six, Can they do that? If they were a witness, don't they have to give a statement to the police, or does being family exempt them from that?
    There are two sides to every issue: one side is right and the other is wrong, but the middle is always evil.

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    VIP Member Array rottkeeper's Avatar
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    Quote Originally Posted by socal2310 View Post
    Everyone in my household knows to say, "I was in fear for my life, please arrest that man. I will be happy to make a statement after I have consulted with my attorney." and then shut up if they have to shoot someone. We have not discussed what to do if you are a witness. Too many unknowns to take into consideration.

    Ryan
    I agree, any statement you make to the police can and will be used against you, as the meranda law states. What you say will NEVER be used in court to help you by a DA. During a highly stressful situation do you want what you say a matter of evidence against you. That statement you make is testimony against yourself in court if it comes out wrong. The above statement is all that needs to be said, once you invoke your right to council they can no longer question you without an attorney present. It may lead to your arrest until more facts are gathered but talking may add a conviction for a justifiable self defense rather than a short detainment. So if your wife opts to talk in can cause you a lot of trouble, at most I want my wife to state she would like to speak with an attorney before making a statement even if she were to be detained because of it. It would have a far better outcome than her saying the wrong thing. JMHO on all of the above.
    For as the lightning comes from the east and flashes to the west, so also will the coming of the son of man be. Mathew 24:27

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    Spousal privilege

    Quote Originally Posted by SIXTO View Post
    No matter what you decide you want to do, people who were not directly involved need to keep their pie holes shut at all times.
    A spouse probably can get away with making no comment as most states do have spousal privilege.

    However, other family members such as parents and children might have to answer and be good witnesses.

  13. #13
    Member Array Soular's Avatar
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    My wife watched the "Don't talk to the Police" video by Dr James Duane with me months ago and we agreed right there that we would both offer our Basic ID and an 1 line statement of accusation against the BG. We would then decline further comment until our lawyer was present

    Something along the lines of "That man forcibly entered my home, I was in fear for my life as well as the lives of my family. I would like him arrested. I respectfully decline to give further statement without legal council".

    Why ask to have him arrested? Because BG's get arrested, corpses do not. I am not a ME, I can not declare him dead, and since I would only shoot to stop, he needs to arrested.

    Just my 2.
    Experience: that most brutal of teachers. But you learn, my God do you learn. -C. S. Lewis

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    VIP Member Array matiki's Avatar
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    For those wondering... a brief article on Spousal Privilege.

    I've already had this discussion with my wife. And we've discussed how we would respond to a home defense or self-defense scenario. So in many circumstances she would have not only spousal privilege but protection from self-incrimination on her side, since she was part of the planning process for anything that may happen. We will communicate with the Police at our Attorneys direction.
    "Wise people learn when they can; fools learn when they must." - The Duke of Wellington

  15. #15
    Member Array Soular's Avatar
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    Quote Originally Posted by Hopyard View Post
    A spouse probably can get away with making no comment as most states do have spousal privilege.

    However, other family members such as parents and children might have to answer and be good witnesses.
    The 5th Amendment allows ANY AMERICAN to decline to comment on ANYTHING to a LEO without legal council.

    This of course changes in court, but in the home following an event as being discussed, no one is compelled to make a statement beyond providing basic ID.

    *Note, I am not a lawyer and not offering the above as legal council. I am an American. This is MY interpretation of my 5th Amendment right. If it is incorrect, my attorney or a Judge may convince me otherwise, but no LEO will.
    Experience: that most brutal of teachers. But you learn, my God do you learn. -C. S. Lewis

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