Here is what Ken Hanson, author of "The Ohio Guide to Firearm Laws" advises on pages 88-89 of that publication:
"15. Keep your mouth shut
If a gun owner becomes involved in a shooting, there are several important things to understand. First, in the majority of cases, the shooter is going to be arrested and the case presented to the county grand jury. The average gun owner is a law-abiding member of society, has not been through the process of being charged with a crime, and will probably consider the following information to be offensive: If the gun owner is involved in a shooting, the first, last and only words to the police should be, "I cannot talk to you until I have consulted with my attorney." This statement is not obstructionist, does not imply guilt, and does not make the gun owner anti-law enforcement. Just keep in mind that it is not the job of the police or the prosecutor to "clear" the gun owner. While the police and prosecutor do have an underlying duty to do justice, keep in mind that the first duty of law enforcement is to document and prosecute crimes. They are under no duty to help you establish your claims of self-defense. Ask any person thoroughly involved with hands-on criminal justice, and he/she will tell you that the majority of criminal cases depend on statements from the accused to obtain a conviction."
You got another mag? It appears I'm out of bullets!
"Man, these HSTs really are bad ass!"
"Is this going on YouTube?"
"Well, at least he doesn't have to worry about being impotent anymore".
Originally Posted by Arborigine
I'll be the smart ass in the group today. The first thing I am going to say is "DON"T SHOOT". This is said while I drop my gun and raise my hands if possible. If the BG is still a threat then I am still yelling "Don't Shoot" and listening for the officers commands, which I obey immediately.
OK if it were not true the police couldnt ever make arrests. Everyone in the criminal justice system as a seperate set of responsibilities. When put together it provides a system of checks and balances.
Originally Posted by Mike1956
Must decide if a person should be held over for trial to answer for charges.
Must decide if a person is guilty beyond reasonable doubt, or not guilty at all.
Citizens enjoy the power of jury nullification.
Must decide if a crime has been commited.
Must decide if a person is held for that crime based on the standard of probable cause.
Must provide evidence that will tend to convict that person or excculpate the person.
The Police enjoy police discretion.
Must determine if a crime has been commited.
Prosicute the offender in a court.
Prosicutors enjoy prosicutorial discretion.
The Judge must decide arguments between counsul
Must provide a fair and legal forum for trial.
In some cases hear and rule on the case itself.
Judges have judicial discretion.
The police do get to decide if a crime hs been commited, what crime was commited, and who commited the crime. Their arrest, and evidence is reviewed by the prosicutor, the grand jury, and the trial judge.
Having said all that, why should anyone give a statement to the police prior to consulting with counsel?
Originally Posted by Secret Spuk
Yo no habla engles, neccesito uno abogado.
Originally Posted by 40Bob
I'm not sayin Nuttin, I need a lawyer. Pinche!
Tuwa heya heci wicake sni.
Originally Posted by ericb327
Join the ACLDN. Mas is on the board.
I've adapted some of his advice, and other advice, into this handy-dandy acronym to help you remember what to say (and not say):
Medical attention - ask for it. For yourself (you may be injured and not realize it) and for the BG(s) you had to shoot
Attack - Make it clear that YOU were attacked by the guy bleeding on the ground
Criminal Complaint - offer to sign a criminal complaint against the BG(s)
Evidence - point out any that might be un-noticed
Searches - do NOT consent to any (your person, residence or vehicle)
Attorney - make no further statements without one
Witnesses - point them out to the police
If you do not think you can remember this under stress, print it out and stick it in your wallet with your CCW and/or your attorney's business card.
PS - if you say nothing, you WILL go to jail. I would prefer not to get into "the system" at all, if at all possible.
I am sure you believe all that, but not even close to the PC agenda we deal with today. Just not how it works .
Originally Posted by Secret Spuk
DO NOT ANSWER ANY QUESTIONS,,,, KEEP QUIET NOTHING YOU SAY TO THE POLICE
CAN HELP YOU ,,,,, ONLY HURT,,,,, GET A LAWYER.
The basic questions, such as, name, address, you are required to answer. Anything else is off limits.
Hints to Follow If Being Questioned by the Police | Don Diva Magazine
Like I said in my previous post: establish that you were the victim of a crime, point the police in an appropriate direction including any supporting evidence and witnesses, make it clear that you will be cooperative, not combative, assert your rights to medical help and legal counsel, and shut up. Beyond this, anything you say can and will be used against you. Anything less than this, you may either look suspicious or leave too much to chance.
I know it goes without saying, but the say nothing applies beyond the police. One of the first places media and attorneys like to look is social networking sites. Don't be one of those people that quickly tweet or post on Facebook your encounters.
I'd also encourage people to remove or make private, any photos that could be spun. Your mall ninja load out pics may make you look hungry for what you just did.