What Should You Say (or Not) to Police at the Scene If In a Shooting? - Page 5

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; 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 ...

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  1. #61
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    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."
    The hardest thing to explain is the glaringly evident which everybody had decided not to see.
    Ayn Rand


  2. #62
    Distinguished Member Array ericb327's Avatar
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    You got another mag? It appears I'm out of bullets!
    Bad Bob likes this.
    For to win one hundred victories in one hundred battles is not the acme of skill. To subdue the enemy without fighting is the acme of skill. (Sun Tzu) The Art of War

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  3. #63
    Member Array RC12's Avatar
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    "Man, these HSTs really are bad ass!"

    Or...

    "Is this going on YouTube?"
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  4. #64
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    Quote Originally Posted by Arborigine View Post
    Good advice cleared it up on the first page.

    Things to NOT say;

    "Well, I figured you guys would like to have the gun empty when you arrived."

    "Look Ma, no head"

    "His mother always said he was heartless, guess she was wrong"
    "Well, at least he doesn't have to worry about being impotent anymore".

  5. #65
    VIP Member Array TedBeau's Avatar
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    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.

  6. #66
    VIP Member Array Secret Spuk's Avatar
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    Quote Originally Posted by Mike1956 View Post
    If that were true, the judicial system would not exist.
    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.

    The Citizen.
    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.

    The Police
    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.

    The prosicutor.
    Must determine if a crime has been commited.
    Prosicute the offender in a court.
    Prosicutors enjoy prosicutorial discretion.

    The Judge.
    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.
    detective likes this.

  7. #67
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    Quote Originally Posted by Secret Spuk View Post
    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.

    The Citizen.
    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.

    The Police
    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.

    The prosicutor.
    Must determine if a crime has been commited.
    Prosicute the offender in a court.
    Prosicutors enjoy prosicutorial discretion.

    The Judge.
    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?
    The hardest thing to explain is the glaringly evident which everybody had decided not to see.
    Ayn Rand

  8. #68
    VIP Member Array Bad Bob's Avatar
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    Yo no habla engles, neccesito uno abogado.
    My rifle and pistol are tools, I am the weapon.

    “Moral indignation is jealousy with a halo.”
    - H. G. Wells -

  9. #69
    Distinguished Member Array ericb327's Avatar
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    Quote Originally Posted by 40Bob View Post
    Yo no habla engles, neccesito uno abogado.
    Translated

    I'm not sayin Nuttin, I need a lawyer. Pinche!
    For to win one hundred victories in one hundred battles is not the acme of skill. To subdue the enemy without fighting is the acme of skill. (Sun Tzu) The Art of War

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  10. #70
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    Quote Originally Posted by ericb327 View Post
    Translated

    I'm not sayin Nuttin, I need a lawyer. Pinche!
    Tuwa heya heci wicake sni.
    The hardest thing to explain is the glaringly evident which everybody had decided not to see.
    Ayn Rand

  11. #71
    VIP Member Array 10thmtn's Avatar
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    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):

    MACE SAW

    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.
    detective and RC12 like this.
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  12. #72
    VIP Member Array Smitty901's Avatar
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    Quote Originally Posted by Secret Spuk View Post
    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.

    The Citizen.
    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.

    The Police
    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.

    The prosicutor.
    Must determine if a crime has been commited.
    Prosicute the offender in a court.
    Prosicutors enjoy prosicutorial discretion.

    The Judge.
    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.
    I am sure you believe all that, but not even close to the PC agenda we deal with today. Just not how it works .
    diver1102 likes this.

  13. #73
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    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

  14. #74
    Distinguished Member Array noway2's Avatar
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    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.

  15. #75
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    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.
    Secret Spuk likes this.

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