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

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; A thread I started on an allied subject on another site has focused on this question: Should you say ANYTHING to LEOs at the scene ...

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  1. #1
    Ex Member Array detective's Avatar
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    What Should You Say (or Not) to Police at the Scene If In a Shooting?

    A thread I started on an allied subject on another site has focused on this question: Should you say ANYTHING to LEOs at the scene if the horrible event happens of having shot someone in SD .

    I know blathering from hyper-adrenaline at such a time can be really bad legally, but I also can't believe a short statement like: "I was in fear for my life and had to stop a lethal attack on me. I will cooperate fully in the investigation and now want to speak to my attorney." is going to hurt you because you pretty much admitted shooting. I mean, you and your attorney will be doing so in any case if it's SD. The claim will not be you didn't shoot. But I know many police and lawyers on these forums council absolute silence.

    Any knowledgeable information you can share? It's a confusing area, the question has come up many times but I've never heard a definitive answer; unlikely any one of us will need it, but still, we do Carry guns for SD. Someone, someplace, will need to know and act correctly.

    Thanks.
    Last edited by detective; September 27th, 2012 at 03:07 AM.
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    Member Array lyz_grace's Avatar
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    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.
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    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
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    Try "I'm too upset to talk right now. I'd like to go to the hospital to be checked out, then talk to my lawyer".
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    Member Array ping.brady'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.
    How do you find a 'pro A2' attorney? I tried getting contact info for someone in my area (northern CO), but didn't' get very far. Guess it would be nice to at least have contact information in the horrible event one had to defend their life

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    I'm in the Massad Ayoob camp, myself. Point out attacker, evidence, witnesses and then shut up until you've had a chance to talk to your attorney.

    I certainly don't want to be blabbering on to LEOs about what happened, etc, but I do want to make sure that critical evidence is not missed or witnesses have a chance to get away.

    I've heard of it happening far too many times... don't want it to happen to me.

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    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.
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    I would cooperate to the point of giving my name and telling the LEO I was in fear of my life. Then tell them you don't want to say anything else without a lawyer.
    Don't believe what you hear and only half of what you see!
    -Tony Soprano

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    Should there be a different response to Police in a Stand Your Ground/Castle Doctrine state?
    Glenn

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

    This thread talked about it and has some good videos and links to other threads. The video is long, but informative. Lots of good discussion.
    Walk softly ...

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    Quote Originally Posted by GH View Post
    Should there be a different response to Police in a Stand Your Ground/Castle Doctrine state?
    Ask Zimmerman's attorney.
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    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.
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    Quote Originally Posted by ping.brady View Post
    How do you find a 'pro A2' attorney? I tried getting contact info for someone in my area (northern CO), but didn't' get very far. Guess it would be nice to at least have contact information in the horrible event one had to defend their life
    Google "Colorado Gun Lawyer".
    "If I had my choice I would kill every reporter in the world, but I am sure we would be getting reports from Hell before breakfast."
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    I agree the Massad Ayoob example. For instance, if I saw one of the witnesses pick up the attackers weapon, I'm surely going to point that out to the police then and there, otherwise it'll disappear and they'd only have my word.
    Secret Spuk likes this.
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