What Should You Say (or Not) to Police at the Scene If In a Shooting? - Page 3

What Should You Say (or Not) to Police at the Scene If In a Shooting?

This is a discussion on What Should You Say (or Not) to Police at the Scene If In a Shooting? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by detective Originally Posted by ping.brady Per Massad Ayoob: 1. Point out attacker 2. I will sign the complaint 3. Point to evidence ...

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  1. #31
    VIP Member Array ccw9mm's Avatar
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    Quote Originally Posted by detective View Post
    Quote Originally Posted by ping.brady View Post
    Per Massad Ayoob:

    1. Point out attacker
    2. I will sign the complaint
    3. Point to evidence
    4. Point to witnesses
    5. Will give full cooperation in 24 hours after speaking with an attorney
    Re "Sign the complaint": I'm not clear on what he means by this, Sign the Police Complaint against you or sign the complaint against the assailant?
    Showing your intent to swear out a complaint and press charges against the attacker.
    oneshot likes this.
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  2. #32
    Ex Member Array detective's Avatar
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    Quote Originally Posted by Caertaker View Post
    I think the OP nailed it. I hope to say: "I was in reasonably fear of imminent death or serious bodily harm to myself and I want to speak with my attorney" That's it. In this situation I am ignoring what my Mama told me (that Police are your friends) and following the advice of my CCW instructor, a Detroit Police Officer.
    I would add one thing to my prior statement or yours: "I intend to cooperate fully with the investigation and make a complete statement after I've received medical treatment and spoken with my attorney. Please, now, call for an ambulance."

    Frankly, i have medical conditions which the stress of such an event means I should be checked in an ER; even someone with perfect health, I can't imagine not going to a hospital for bad symptoms of anxiety, disorientation, feeling faint etc after such an event - maybe being checked for wounds I and the police are unaware of. I'm not stripped naked and they are not doctors. I would say this is a necessity especially if the assailant fired any shots or came into close contact to you with a knife. Shock can hide serious injury. Someone I know was shot twice with a .22, took him a few minutes to even realize it, and only because he felt a liquid on his abdominal area: when he looked it was blood all over the place. If he happened not to have felt that, he could have bled out. He almost did anyway before he finally called 911 and first responders arrived. By then they found him unconscious.

  3. #33
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    Quote Originally Posted by detective View Post
    I would add one thing to my prior statement or yours: "I intend to cooperate fully with the investigation and make a complete statement after I've received medical treatment and spoken with my attorney. Please, now, call for an ambulance."

    Frankly, i have medical conditions which the stress of such an event means I should be checked in an ER; even someone with perfect health, I can't imagine not going to a hospital for bad symptoms of anxiety, disorientation, feeling faint etc after such an event - maybe being checked for wounds I and the police are unaware of. I'm not stripped naked and they are not doctors. I would say this is a necessity especially if the assailant fired any shots or came into close contact to you with a knife. Shock can hide serious injury. Someone I know was shot twice with a .22, took him a few minutes to even realize it, and only because he felt a liquid on his abdominal area: when he looked it was blood all over the place. If he happened not to have felt that, he could have bled out. He almost did anyway before he finally called 911 and first responders arrived. By then they found him unconscious.

    TMI!... There is no reason to tell the police about any medical, or emotional issues in your background. Of course seek medical attention if you really need it. But sharing this kind of information could backfire if you have the bad luck of your investigation being assigned to a lazy, or politically oppoased investigator, or states attorney.

  4. #34
    VIP Member Array Secret Spuk's Avatar
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    Quote Originally Posted by lyz_grace View Post
    I've thought about it and my plan is to take advantage of my Miranda rights and make the first words out of my mouth a phone call to the 2A lawyer I have in my contacts. I'd be less worried about giving the wrong impression than giving an "incriminating" statement.
    A 2A lawyer might not be the best choice. My advice would be to retain the best/most successfull criminal lawyer in your area. The guy all the big drug dealers go to. Your going to be facing a criminal case... not a constitutional rights case.
    bklynboy likes this.

  5. #35
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    Quote Originally Posted by Smitty901 View Post
    Officer I am in no condition to speak at this time. They will do every thing they can to trick you into talking repeat the first line. Say nothing.
    It is not their job nor intent to help you, to care for you or anything else. They have one goal to get you to say anything they can use against you.
    No madder how right you may be LEO are not your friend and never will be.
    Say nothing with out a Lawyer.
    Patently untrue, and unfair. Contrary to popular belief... The police are NOT out to get you. Shootings by non-sworn civilians happen all the time. We've all heard about onoe or two horror stories... but I'd like to see some stats. comparing how many of these citizens actually end up with criminal issues. Most often then it's because there is problem with the shooting.

  6. #36
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    Quote Originally Posted by sdprof View Post
    It's been said (but not necessarily verified) that cops involved in shootings don't have to make a statement for 24 hours. Why should it be different for the rest of us?

    I go with the Ayoob instructions: say the bare minimum to establish the situation, then clam up till you talk to a lawyer.

    This mostly depends on the jurisdiction. And there are serious consiquences when an Officer refuses to speak. Sometimes there may be a contractual agreement with the PBA, FOP, or other union and the employer department. No contractual agreement can trump a criminal law, or criminal procedural law, coronors jury, or grand jury.

    As I have been on boths sides of investigating a police shooting. I never refused to make a simple statement. And each time My PBA attorney strongly suggested I make such a statement. That whole 24 hr to make a statement is used when there may be a problem with the shooting, giving the Officer or department some time. As a non police officer everyone has the same right to refuse to make a statement for 24 hours, 48 hours...or as long as you like.

  7. #37
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    Quote Originally Posted by lyz_grace View Post
    I've thought about it and my plan is to take advantage of my Miranda rights and make the first words out of my mouth a phone call to the 2A lawyer I have in my contacts. I'd be less worried about giving the wrong impression than giving an "incriminating" statement.
    The police may choose not to mirandize you.

  8. #38
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    Quote Originally Posted by 2slow04 View Post
    i have been told and heard it in my CHL class that the first thing you should do is tell them you have chest pains and need to get checked out at the hospital, it will give you some time to cool off and think before you speak... like saying "i got that MOFO"
    If you feel that you need medicical attention, by all means get to a hospital. Keep in mind that your character will play a big part of the decisions being made. Proving youself to be a liar is not what you want to do. As another poster so eloquently stated... Probably best not to start the investigation off with a lie.
    limatunes likes this.

  9. #39
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    What Should You Say (or Not) to Police at the Scene If In a Shooting?

    One thing I haven't seen mentioned is the reason for pointing out the evidence, witnesses, etc. From what I recall reading, the point is that when the police arrive, doing these things gives them a direction and starting point for the investigation, one that is hopefully going in the direction you want. The idea is that it is better to do this than to take the chance that they will start off in a bad direction and miss vital evidence. While you can't control the investigation, you can try to get it started in a positive way. Then shut up.
    Also remember, while your attacker may be a piece of dirt, the police are likely to see them having the same rights as you, which you just deprived them of.

  10. #40
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    Take some thing like an accident. I laying out on the road banged up good. EMT fire department over me, doing what they can.
    LEO. First question not have you but how much you been drinking,How fast were you going, where were you going. LEO was not a bit concerned about much more than what he could pin on me. I was not drinking I don't ever, I was on my way home from work what does that madder.
    In his credit he did secure my weapon and turn it over to my wife.
    But in the end he is a new age LEO. They are not servants or protectors of the public in any way.
    Once again say nothing you are now the bad guy no madder why you had to do it.

  11. #41
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    I won't say a thing. I'll tell them that I will answer all of their questions the next day with my attorney present and after I've spoken to him first.

  12. #42
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  13. #43
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    Unfortunate. Not sure what that has to do with the OP
    Secret Spuk likes this.
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  14. #44
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    Quote Originally Posted by Secret Spuk View Post
    TMI!... There is no reason to tell the police about any medical, or emotional issues in your background. Of course seek medical attention if you really need it. But sharing this kind of information could backfire if you have the bad luck of your investigation being assigned to a lazy, or politically oppoased investigator, or states attorney.
    No, you're right, that's YOUR information, I just meant there usually could be good reasons you'd need to go an ER and if you do to ask for an ambulance. If they ask why: "I know I need emergency care."

  15. #45
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    Quote Originally Posted by Secret Spuk View Post
    Patently untrue, and unfair. Contrary to popular belief... The police are NOT out to get you. Shootings by non-sworn civilians happen all the time. We've all heard about onoe or two horror stories... but I'd like to see some stats. comparing how many of these citizens actually end up with criminal issues. Most often then it's because there is problem with the shooting.
    I agree with this. The Police are out to do their job, that's all. They're not supposed to be out to get you or be out to find a way to give you a break. They are supposed to be neutral and investigate. You should be minimal in your statements because you could indicate to them something that is not true out of anxiety and choosing the wrong words etc, that's all. And that's true whenever you make a statement to police - even about something you saw but were not involved in. Hasty words minus any reflection often cause damage and confusion and you're making an official statement on the record. It's just common sense and in some situations - and this is the Big Daddy of all of them - crucial to think and then speak. Not many can do this well right after the major crisis of their life and without professional, legal help.

    You don't buy a house without an attorney, when you might have a Murder charge staring you in the face, well.... figure it out.

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