Should I Talk To The Police? - I Just Want To Explain What Happened.

This is a discussion on Should I Talk To The Police? - I Just Want To Explain What Happened. within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by mlr1m The particular poster I was responding to stated that you should never ever talk to police without a Lawyer. Michael for ...

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Thread: Should I Talk To The Police? - I Just Want To Explain What Happened.

  1. #46
    Ex Member Array apvbguy's Avatar
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    Quote Originally Posted by mlr1m View Post
    The particular poster I was responding to stated that you should never ever talk to police without a Lawyer.

    Michael
    for the sake of clarity you should try to use the quote feature when replying to a specific message, it helps out he rest of us

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  3. #47
    VIP Member Array mlr1m's Avatar
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    Originally Posted by mlr1m
    The particular poster I was responding to stated that you should never ever talk to police without a Lawyer.

    Michael
    Quote Originally Posted by apvbguy View Post
    for the sake of clarity you should try to use the quote feature when replying to a specific message, it helps out he rest of us
    Ummm you might check post #39.

    Michael

  4. #48
    VIP Member Array jonconsiglio's Avatar
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    I cannot believe some of the comments in this thread and other's reaction to them. First off, Ayoob is a whole different thread. Might as well throw Pinkus in that thread too.

    When someone says "do not talk to the police" why does every new guy take it so literal then make their stupid sarcastic comments about laying on the ground silent in cuffs or sitting in jail, silent? Tell them what happened then ask for some time before an interview. Don't say anything other than basic facts, leave the emotion out of it. Do we really need some "expert" to tell us this? Do we really need stupid comments instead of clarifying questions?

    My God, it seems like so many want to get a gun to feel safe, but don't want to invest any time at all in training, research or case study on actual self defense shootings… News flash, being a member of a firearms forum IS NOT training or legal advice.

    Edit - I still agree videos like this should be posted periodically. Sometimes new people don't think to search "video of professor and officer on what to do in self defense shooting"...
    Last edited by jonconsiglio; April 29th, 2012 at 11:35 AM.
    Harryball and Secret Spuk like this.
    Proven combat techniques may not be flashy and may require a bit more physical effort on the part of the shooter. Further, they may not win competition matches, but they will help ensure your survival in a shooting or gunfight on the street. ~Paul Howe

  5. #49
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    Just came across this article that reiterates what some have already posted in this thread. I thought it was well written and it makes some valid points (again, mostly already covered here) as to the perils of remaining absolutely silent after a self defense shooting.

    Unintended Consequences of Silence
    Gunga Galunga

  6. #50
    Ex Member Array apvbguy's Avatar
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    I do not agree with the advice given to talk to the cops, the more you say the more it can be misconstrued, you may be innocent and say something that gets misinterpreted and you wind up doing time, jails have plenty of wrongly convicted people in them. Keep your mouth shut and wait for your lawyer to arrive then let him supervise your comments. He is trained in how to answer questions most of us are not.

  7. #51
    Senior Member Array Gaius's Avatar
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    Quote Originally Posted by Kadelic View Post
    Just came across this article that reiterates what some have already posted in this thread. I thought it was well written and it makes some valid points (again, mostly already covered here) as to the perils of remaining absolutely silent after a self defense shooting.

    Unintended Consequences of Silence
    I agree with Marty Haye's article. Although it does presume some presence of mind by the shooter. How "the system" is going to react to your situation from the outset is in fact often determined by how the officer and then the prosecutor views you. If the initial report from the scene describes you as "uncooperative", this will shade how the prosecutor views you are and how he will proceed. Keep your comments to the basics as described in the article, and there is a good chance that you will in fact avoid a lot of the unintended consequences spoken of in the article.
    Best way to win a gun fight? "That's easy, don't show up."
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  8. #52
    Ex Member Array RayBar's Avatar
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    While this may have been posted before,I have not see it,makes it new to me.My point on the whole old post thing,which by the way has been said so many times,it may qualify for the old post award too.

  9. #53
    Ex Member Array apvbguy's Avatar
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    Quote Originally Posted by Gaius View Post
    I agree with Marty Haye's article. Although it does presume some presence of mind by the shooter. How "the system" is going to react to your situation from the outset is in fact often determined by how the officer and then the prosecutor views you. If the initial report from the scene describes you as "uncooperative", this will shade how the prosecutor views you are and how he will proceed. Keep your comments to the basics as described in the article, and there is a good chance that you will in fact avoid a lot of the unintended consequences spoken of in the article.
    there is a difference between uncooperative and asserting your rights, when they say anything you say can and will be used against you they mean it and if they try to introduce as evidence in the courtroom your asserting your right to remain silent most judges will uphold the probable objection from any decent defense attorney.
    message to all, do not accept legal advice from anyone on the internet, seek out your own attorney!

  10. #54
    Member Array Alf87's Avatar
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    I work with LE everyday. The consistent advise given if asked "what should I do if I end up using my weapon for self defense", are 3 basic things one should say upon first contact with LE in this type of situation.

    1. I was in fear for my and/or families life.
    2. I shot until the threat stopped.
    3. I want a lawyer

    Even LE will tell you not to talk to them if you give them a hypothetical situation. Of course on the job, the will try anything to get you to talk to them.

  11. #55
    Senior Member Array HK Dan's Avatar
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    Keeping in mind that under high adrenain the part of your brain that tracks time abd the order of events shuts off, AND that under stress you may lose certain memories entirely, you may not know what the truth is, or think its something different than it is and can be demonstrated by physica evidence, yes, shut up.

    "Officer, I know how serious this is and you will have my full cooperation in 24 hours, after I have spoken to counsel"
    "What does Marcellus Wallace LOOK like?"

  12. #56
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    In my CCW class, which is sanctioned by the state, we were taught in no uncertain terms to say only the bare minimum to a LEO after you shoot somebody. Wait until you hook up with your mouthpiece. That's their job -- getting guilty people off the hook.

  13. #57
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    I cannot believe some of the comments in this thread and other's reaction to them. First off, Ayoob is a whole different thread. Might as well throw Pinkus in that thread too.

    When someone says "do not talk to the police" why does every new guy take it so literal then make their stupid sarcastic comments about laying on the ground silent in cuffs or sitting in jail, silent? Tell them what happened then ask for some time before an interview. Don't say anything other than basic facts, leave the emotion out of it. Do we really need some "expert" to tell us this? Do we really need stupid comments instead of clarifying questions? Yeppers apparently we do.

    My God, it seems like so many want to get a gun to feel safe, but don't want to invest any time at all in training, research or case study on actual self defense shootings… News flash, being a member of a firearms forum IS NOT training or legal advice. But that is their right to carry and not train, or do research and they saw it on youtube so it must be good stuff. They are carrying a gun so the bad guy will automatically run in fear and the image they project will keep them safe.

    Edit - I still agree videos like this should be posted periodically. Sometimes new people don't think to search "video of professor and officer on what to do in self defense shooting"... I thought this came with all CCW permit how to guides.
    "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

  14. #58
    Senior Member Array Lotus222's Avatar
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    Anything you say can and will be used against you in a court of law. Sounds pretty clear to me. As much as people want the law to be on their side, as soon as you are being investigated for a crime, you are a potential criminal. Even if you think that you should be in the clear. Don't make the mistake of giving lawyers ammo against you. There is a reason that they are universally despised. It doesn't work the way you see it on your TV police shows any more than the way Hollywood portrays a shooting. Keep that mouth shut!

    +1 on the good re-post. I remember when I watched this vid as a lurker a long while ago. It really opened my eyes.

  15. #59
    Member Array JDKinman's Avatar
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    What I tell my wife and goddaughter:

    1. You WILL be shaky and trembling. Accept it. Use it to your advantage.

    2. There's only one train of thought you need to communicate until you call me and I can get to the scene, and that is, "I thought I was going to DIE!" or "I thought he/they were going to KILL ME!"

    3. Cooperate with law enforcement physically, but not orally. In other words, give them your firearm if/when they ask for it, same with ID, name, address which is all on your DL and CHL. But do NOT orally offer any other information.

    "Ma'am, do you remember what happened?" or "Ma'am, can you tell me what happened?" Their response is, "I thought he/they were about to KILL ME!"

    4. IF law enforcement persists on asking questions, tell them you need an ambulance because you don't feel right and are about to pass out and you want medical attention. Lots of reasons for this.

    5. If law enforcement CONTINUES to insist on asking questions, the response they are to give is: "I'm so upset and scared right now, I don't trust anything I might say, so I'm not saying ANYTHING MORE until my husband/dad gets here."

    Thoughts to chew on:

    • You never know where you or the issue of self-defense or carrying a weapon stand with any given cop. Even in two-officer cars, opinions can vary by 180 degrees.

    • The first impression you want arriving/investigating officers to have is that you are STILL shook up and that you were in mortal fear for your life (or someone else's).

    • Do not play like a television lawyer and start spouting off law or about your rights. In doing so, you only guarantee to turn a possible advocate (investigating officer/s) into adversaries.

    It's easy to say "just use your head and use common sense," but immediately after a shooting, you're going to be a bit addled. Saying less is in your best interest.

    JD
    Author of Above Reproach, the new thriller that unequivocally positions the Second Amendment and concealed carry as our nation's most effective system of homeland and personal security.

  16. #60
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    Quote Originally Posted by Gaius View Post
    I agree with Marty Haye's article. Although it does presume some presence of mind by the shooter. How "the system" is going to react to your situation from the outset is in fact often determined by how the officer and then the prosecutor views you. If the initial report from the scene describes you as "uncooperative", this will shade how the prosecutor views you are and how he will proceed. Keep your comments to the basics as described in the article, and there is a good chance that you will in fact avoid a lot of the unintended consequences spoken of in the article.
    I'll continue to follow and advocate the legal advice of a lawyer who did bother to take six months out of his life to pass the bar, and currently practices criminal law. As has been shown in Florida, when push comes to shove the police have little to no influence on whether a case gets prosecuted or not. Any and all statements made to them, however will be used as evidence in criminal proceedings. Better to get cuffed, take the ride and sit in the holding cell until one's lawyer arrives a day or two later than to make statements which will ultimately result in conviction and years-long incarceration.
    Anubis likes this.
    "When you have to shoot, shoot, don't talk."
    Tuco

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