Fifth Amendment

This is a discussion on Fifth Amendment within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; A lot of talk around here about the 2nd, but here's my question on the 5th... Let's say you shoot someone (a stranger) in what ...

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Thread: Fifth Amendment

  1. #1
    Member Array katmandoo122's Avatar
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    Fifth Amendment

    A lot of talk around here about the 2nd, but here's my question on the 5th...

    Let's say you shoot someone (a stranger) in what you believe to be a justified shooting. The police arrive, impound your firearm, walk you outside, and start asking you what happened. What, if anything, do you think you would say?

    Would anyone clam up 100% and simply ask for your lawyer to be present, which is probably the smartest thing to do?

    Or would you explain what happened?

    My inclination would be to simply say "I shot until I stopped the threat and now I would like my lawyer."

    Keep in mind that you believe it was an easily justified shooting. What would you say?




    Thanks for your thoughts...I hope I never have to consider them in real life.

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  3. #2
    VIP Member Array Rob72's Avatar
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    Learn to act scared. Learn to play up your adrenalized state. You are too shaken to go over things right then. You need to talk to family, and probably your lawyer..........

    The "shakes" may or may not be real (I've been with friends in situations where theings were "handled" without the bat of an eye- in different circumstances, with an audience, things were "different".), be "socially appropriate".

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    Senior Member Array AirForceShooter's Avatar
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    it is Very hard to remain silent. You think you're right and having a burning desire to tell the LEO's exactly what happened.
    Don't!!!!!
    "I want my lawyer" are the only words that should come out of your mouth. You are in for a long haul and you're not going home anytime soon.
    The LEO's will tell you they're just trying to help you and if you taslk to them it will go a long way to resolving the shooting. No,No. Shut up.
    And it is so hard to keep quiet. People hate silence.

    AFS
    Gun control is hitting what you aim at

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    "Officer, this person was trying to kill/rob/rape me and I was in fear for my life. Please understand I cannot say anything more until I speak to my attorney. Here's my DL and HCP."

    Hopefully I already had the time to call to call family and lawyer before the police arrive.
    "Americans have the will to resist because you have weapons. If you don't have a gun, freedom of speech has no power." - Yoshimi Ishikawa

  6. #5
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    Array SIXTO's Avatar
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    +1 Betty

    Say nothing more than the very basic of what happened, very basic! Let them know if there is any more players in the incident they need to be looking for, and thats about it.
    Any officer will understand this, this is what we are trained to do after a shooting. Comply 100%, but give no details until you have spoken with your legal rep.
    Remember anything said is subject to a records request and the officer has to testify to what you told him in both the criminal and civil legal proceedings; NOTHING IS "OFF THE RECORD" in a homicide case.
    Dont come get on the internet and telll everyone about it eithier until everything is over.

  7. #6
    Member Array denverd0n's Avatar
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    +2 Betty.

    Say you were attacked, you defended yourself, and now you want to talk to your lawyer. Period. If they ask questions, just keep repeating the above. Do not answer any questions until AFTER your lawyer is present. If they give you some BS about how it would be better for you to cooperate, tell them that you ARE cooperating, but that you will NOT answer questions until your lawyer is present. Beyond that, just keep repeating yourself.

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    Member Array Black Oak's Avatar
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    "Although I intend to cooperate fully with your investigation. I have nothing to say until I speak with my lawyer."

    Then Shut up.

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    Member Array BlueMerle's Avatar
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    I agree that it is very hard to keep quiet ... but you have to! IMHO

    Just lawyer up ASAP

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    VIP Member Array Blackeagle's Avatar
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    +1 on saying "I shot at him in self defense and I won't say anything more until I speak with my lawyer.

    I would also add something like, "I understand that this may make your job more difficult, but I've heard too many stories about people being prosecuted after a justified shooting because they said something that was interpreted wrongly."

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    VIP Member Array rodc13's Avatar
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    Excellent response, Betty. This fits right in line with what my attorney advised me to say. It's very important to be respectful and deferential to the LEO on the scene, while still minimizing any comments you make.

    Blackeagle, I think your additional comment may go a step too far. There's really no need to explain any further and it may just open you up to more questions. I've never been through this personally, just going by what's been recommended to me.
    Cheers,
    Rod
    "We're paratroopers. We're supposed to be surrounded!" Dick Winters

  12. #11
    VIP Member Array cphilip's Avatar
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    Quote Originally Posted by Betty View Post
    "Officer, this person was trying to kill/rob/rape me and I was in fear for my life. Please understand I cannot say anything more until I speak to my attorney. Here's my DL and HCP."

    Hopefully I already had the time to call to call family and lawyer before the police arrive.

    Like it...


    As to the comment earlier about "trying to act scared or upset"....

    I don't think your going to have to try and act scared or upset. I believe you indeed WILL be upset and should keep your mouth shut because of that. You will not be thinking clearly nor relating things in proper sequence at that point in time. Your mind will be snap shoting things as they flood back into your mind at odd patterns and sequences and so therefore verbalizing those things in that irrational pattern as they come to you can come back to bite you in the arse. So shut up till you can relate them properly and calmly.

  13. #12
    Senior Member Array TonyW's Avatar
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    I think Betty nailed it pretty good. Be respectful toward the officer. If there is info needed to help in the situation (i.e. he ran off that way and was wearing blue jeans, red shirt and a hat) but other than that I wouldn't recommend saying anything. Hopefully if I ever get in this situation (hope not!) I can follow my own advise.
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    Member Array RjVA's Avatar
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    I would certainly be scared. No need to act. Accept the fact that you will be arrested and ask for a lawyer immediately.
    "Sic Semper Tyrannis"

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    Distinguished Member Array BIG E's Avatar
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    + 3 for Betty.

    I think the key here is that you were afraid for your life. GET THAT POINT HAMMERED HOME.

    I have been told by a LEO that if you have to dial 911 because you have an intruder you say "hi may name is ... there is an intruder in my home and I am afraid for my life".

    I don't know how it would go in court and I don't want to test the theory.

    Hopefully none of us will ever have to worry about it.
    Don't hit at all if it is honorably possible to avoid hitting; but never hit soft!

    -- Theodore Roosevelt --

  16. #15
    New Member Array pricee's Avatar
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    I like the thought of calling an attorney as soon as reasonably possible. But, my question is: How do I find a suitable attorney? Should I interview a few and find one with CCW experience and then keep their number in my wallet? How have you folks identified an appropriate lawyer? I'd hate to wait until I needed one in the middle of the night.

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