Call It in First And Get Your Side on Record, and Never Talk to the Cops

Call It in First And Get Your Side on Record, and Never Talk to the Cops

This is a discussion on Call It in First And Get Your Side on Record, and Never Talk to the Cops within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; So, let's leave aside defensive shootings for the moment. We've seen many threads in these forums where there is a threat that hasn't yet materialized ...

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  1. #1
    Ex Member Array JCooper's Avatar
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    Call It in First And Get Your Side on Record, and Never Talk to the Cops

    So, let's leave aside defensive shootings for the moment. We've seen many threads in these forums where there is a threat that hasn't yet materialized into an immanent deadly threat but its looking pretty bad (say, 3 toughs beginning to surround you and making ominous threats).

    If you wait till you see the threat it may be too late, so one thing people have done in this type of situation including posters on this forum and Massad Ayoob (when he was not an LEO) is draw a weapon but hold it at the ready, muzzle down.

    Bad guys walk off, you get in your car and GTFO, and then you have a choice to make. Call it in or not. Most people in these threads say, call it in and get your side in first. You don't want these bad guys to call and get you slapped with a brandishing charge.

    Well after reading all the advice in the 5th admendment thread I'm not so sure thats a good idea. First, these guys are probably not going to call the cops. They may have warrants, they probably have records and its unlikely they'll get a brandishing charge to stick - if anything they may open themselves to some kind of charges.

    Second, if they do call it in, and the police figure out who I am, and I speak to them after consulting an attorney my side is going to get written down. Why does it really matter whose side got down first? If *both* sides go to the police with conflicting stories there are going to be hearings, depositions, maybe even a trial. But that almost never happens because the anonymous BGs never call it in anyway.

    Its not about "hiding anything". Your right not to incriminate yourself extends as far as contacting the police in the first place - at a minimum I'd consult an attorney before doing that.


  2. #2
    VIP Member Array edr9x23super's Avatar
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    Yep, the title says it all. If you pull that weapon, you had better cover your behind afterwards. That includes contacting the LEOs after such an incident. Leave nothing to chance, because most of the time in those situations Mr. Murphy shows up and really screws things up.....
    "Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are inevitably ruined". - Patrick Henry

  3. #3
    Ex Member Array Deanimator's Avatar
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    If somebody's willing to put you in fear of life and limb, there's absolutely no reason why they won't lie to the cops.

    The one who calls first, gets to be the OFFICIAL victim.

  4. #4
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    Brandishing you weapon may not be a violation of the law if you feel threatened, depends on the state you're in. You're right that they probably wouldn't call it in, but there's always the chance that some little old lady who looks out her window just sees you with a gun and call 911, saying that you pulled a gun on some guys out in the street, and she gives them your plate #. Now the police track you down and you explain what happened but they already a an eye witness saying you where trying to rob some guys.

    I agree with the whole never talk to the police but it really means to be aware of what you're saying and you can refuse to answer a question.

    You could always call the police and tell them you were being threatened so you drew your weapon, now you'd like to talk to you attorney before answering any more questions.

  5. #5
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    Quote Originally Posted by cliffyp View Post
    You're right that they probably wouldn't call it in, but there's always the chance that some little old lady who looks out her window just sees you with a gun and call 911, saying that you pulled a gun on some guys out in the street, and she gives them your plate #. Now the police track you down and you explain what happened but they already a an eye witness saying you where trying to rob some guys.
    At this point nothing happens. You have no complainant, just a witness. The police might track you down to find out what happened, but without a complainant, there's no crime...
    "Texas can make it without the United States, but the United States can't make it without Texas!".... Sam Houston

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  6. #6
    Distinguished Member Array Guardian's Avatar
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    Quote Originally Posted by TX-JB View Post
    At this point nothing happens. You have no complainant, just a witness. The police might track you down to find out what happened, but without a complainant, there's no crime...
    Add on to this, it's going to be near evening, semi dark to dark and the witness is near sighted, no problem at all. The reason I say this, because younger folks with good eyesight are to busy doing other things and have no time to be nosey.
    "I dislike death, however, there are some things I dislike more than death. Therefore, there are times when I will not avoid danger" Mencius"

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    If you draw your weapon and the situation subsides whereby nobody shoots, that’s great! But then, you better dial 911 ASAP and have your event recorded by the dispatcher. In a culture where literally every man, woman and child has a camera phone, there is about a zero chance of your actions not being recorded and posted on YouTube within minutes. Chances are, a half a dozen witnesses have already called in the event before you do.

    On the other hand, if you shoot and when the LEO(s) arrives, I’m only stating ‘I was in fear for my life’… and I request an attorney. In my town, I know some of the local LEO’s and that means nothing if something goes boom. If this isn’t the best choice, I’ll adjust my one-line dissertation after talking with Mas’ this summer when I attend his course.
    “Monsters are real and so are ghosts. They live inside of us, and sometimes they win.”
    ~ Stephen King

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    Member Array JAG45's Avatar
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    Let me take this from the LEO side and also my personal side. I work for a small department and we take all phone calls seriously. I guess unlike a bigger city we have the manpower and time to check. And unless all hell is breaking loose in town at the time all calls are responded to. There are calls like “two men standing around in front of a closed store”, “someone unusual in the neighbor’s carport”. We get call of a strange person bothering customers at a service station all the time. We do not mind we check them all. They may have a reason for being there, but we will find out.

    One thing that really bothers me is when someone does not call it in. Who is the person on the next block that is going to have to deal with the two thugs or someone panhandling for money? Is it my wife, my handicapped sister or elderly parents or one of your family members or a member of a friend’s family?

    Also now with so many cell phones out there, we have a much better chance of getting there while the suspicious person is on the scene and dealing with them the first time. Our operators most of the time will not keep you on the line very long unless you want to keep the other people or the other vehicle in sight until an officers arrives. Try it one time, I think you will find out how easy it is and just may like it.

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    Hopefully I never will be in such a situation, but if it should happen I will call 911 right away. Like other posts state, there are many things that can go wrong, and if I draw my weapon because I was in fear for my life then I have nothing to hide. Like Saber said, “In a culture where literally every man, woman and child has a camera phone, there is about a zero chance of your actions not being recorded and posted on YouTube within minutes.” And I do not want the LEOs to hear about the incident in that way.
    "The Second Amendment: America's Original Homeland Security"

  10. #10
    pax
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    Be a good citizen.

    If the crime against you wasn't serious enough to report, it wasn't serious enough to justify pulling your weapon.

    pax
    Kathy Jackson
    My website: Cornered Cat

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    I would guess the state and city it is happening in would make a difference. Here in AL we have open carry, and there are no stated criteria for open carry, meaning I can legally walk with a gun in my hand open. I have never read in AL law anything on brandishing or threatening with a weapon (I would think there is somewhere on threatening), so as long as I don't point it no threat from me. I know the BG's can tell the LEO I had though, if they should call in (Not likely, but a Sheep might). Should it happen yes I would call 911 to try and get a LEO there to pick up these thugs, next person may not have a means of protection and my action may help prevent them being a victim. I doubt I would tell the operator that I had my gun in my hand, I would just say I was able to get away and into my car before I was attacked but I have no doubt they wanted to harm me I was lucky to have gotten away. I doubt the call center will ask if I got away because I pulled a gun out to scare them off.

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    New Member Array anicca's Avatar
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    Pax, thanks for being so clear, concise, and to the point! You're right, if it's not worth calling in, it wasn't worth drawing a gun.

  13. #13
    Member Array mitocondriac's Avatar
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    Also agree with Pax

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    Pax puts it very well. I'd also urge you to be succinct on the phone and hang up when you're done. Nothing good can come out of your mouth (or the mouths of the offender/witnesses) by staying on the line -- and it'll all be recorded.

  15. #15
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    It doesn't matter a hill of beans who calls whom first. This isnt grade school playground pushing matches.

    The best bet is just to be honest, and what Pax said.
    "Just blame Sixto"

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