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Old April 2nd, 2009, 10:00 AM   #1
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Dont' talk to cops - even if you are innocent - this is a must see...

First and foremost, this is not cop bashing in any way. What it is, is some of the best advice you can get and why - presented by a defense attorney AND a police officer that has interveiwed (they don't use 'interrogation' any more.) over 1000 people.

You only need to watch part 1 and part 2. There are parts 3 and 4, but they appear to be exactly the same as part 1 and part 2.

part 1:
YouTube - Don't Talk to Cops, Part 1

part 2:
YouTube - Don't Talk to Cops, Part 2
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Old April 2nd, 2009, 10:54 AM   #2
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great info, thanks!
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Old April 2nd, 2009, 10:56 AM   #3
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A must see, I have seen it before but had to watch it again.
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Old April 2nd, 2009, 11:48 AM   #4
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I have seen these before, but definitely worth repeating...good vid's...

The importance of a 'refresher' viewing can't be underestimated.
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Old April 2nd, 2009, 12:50 PM   #5
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Well, I have mixed views on that issue.

You only have one opportunity to make a good impression.

And the officer asking the questions is going to make up his/her mind quickly based on the information and facts presented.

Sure, if you have the “extra funds” it’s always wise to have an attorney present, but if it’s a no brainer simple issue, and you have a friend there that can witness as to what is said, I’d go ahead and answer the officers questions.
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Old April 2nd, 2009, 01:02 PM   #6
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Loooooooooonnnnnnnnng, but worth watching.
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Old April 2nd, 2009, 01:05 PM   #7
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This is also posted in the Reference & "How To" Forum:

School of law professor and police officer videos on not talking to the police

Just FYI.
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Old April 2nd, 2009, 01:11 PM   #8
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Thanks Captain - merge them maybe?
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Old April 2nd, 2009, 01:22 PM   #9
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Quote:
Originally Posted by tns0038 View Post
Well, I have mixed views on that issue.

You only have one opportunity to make a good impression.

And the officer asking the questions is going to make up his/her mind quickly based on the information and facts presented.

Sure, if you have the “extra funds” it’s always wise to have an attorney present, but if it’s a no brainer simple issue, and you have a friend there that can witness as to what is said, I’d go ahead and answer the officers questions.
My concealed carry instructor who is both a lawyer and a cop told us all...

"When the police arrive tell them "I was in fear for my life", "I want to sign a complaint", and last, "I want to talk to a lawyer". That's it. Period.

Because, unless this is something that happens to you all the time, you are in no state of mind to know whatever you might say to the police will help or hurt you if at a later date this whole thing winds up in court.

At least this is what I'm going to do if "God forbid" I'm in that position.
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Old April 2nd, 2009, 01:28 PM   #10
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talk

Besides being an instructor I am a licensed mental health professional and critical incident stress debriefer. When I teach about the aftermath of a shooting (or any crisis event for that matter) I talk heavily about psychological and physical reactions to a violent event. During that time your body and mind are not working as they should so anything you say or do is going to be muddled up. That is what a debriefing does - reorient to the real. I also tell them that this is a normal reaction to an abnormal event - heard on TV the other night (for what it's worth) that 97% of LE never fire their gun except on the range. Our percentage is probably much lower. If you talk during this time, your judgement is off, sense of time, sight, hearing, coordination etc. If LE hears you say someting, they won't take this into account, just what you said..... so be smart and (excuse the pun) "hold your fire." You'll be glad you did. I have a standing offer with those I teach, first the lawyer and then if need be call me. LE has a department shrink, but civilians have nothing. I hope to help in that manner - have not had to yet but the offer is still there.
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Old April 2nd, 2009, 01:36 PM   #11
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Quote:
Originally Posted by johnsonabq View Post
My concealed carry instructor who is both a lawyer and a cop told us all...

"When the police arrive tell them "I was in fear for my life", "I want to sign a complaint", and last, "I want to talk to a lawyer". That's it. Period.

Because, unless this is something that happens to you all the time, you are in no state of mind to know whatever you might say to the police will help or hurt you if at a later date this whole thing winds up in court.

At least this is what I'm going to do if "God forbid" I'm in that position.
+1000

tns0038--please rethink your position. I am an attorney and, although I do not dispense legal counsel here (only informed, personal opinions), I can assure you that the only things you want to say to the po-po when they get there are:

1. Your name and address; and

2. That you intend to cooperate completely with the investigation, but that you are have just been through an extremely stressful and frightening experience, and that you are going to wait to make any kind of statement to anybody until you have had an opportunity to calm down and consult with an attorney.

A competent and well-trained officer will accept this--they would do the same (if they are smart) if they were involved in a shooting (i.e., talk to their rep before making any official statements).

Contrary to what a lot of people suggest, the chances of you "helping" yourself by making certain statements immediately at the scene are so far outbalanced by the virtual certainty that anything you say will be used against you, that it is not smart.

Asking to be permitted to consult an attorney before making a statement cannot be used against you--because you are only asserting a constitutional right. But saying anything else about the event can be turned on you in ways you would not even believe.
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Old April 2nd, 2009, 02:13 PM   #12
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Good videos- thank you!
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Old April 2nd, 2009, 02:14 PM   #13
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In the practice of law, a statement to the police is called...

A CONFESSION.

I'd say more on this topic, but it's been discussed ad nauseaum, so I'll summarize and prevent everyone's time being wasted:

a) Don't talk to the police;
b) No, talk to the police, but give a brief statement;
c) You likely won't give a brief statement, but go off at the mouth;
d) Any lawyer worth his salt will be able to explain what you say as induced by stress;
e) Laywer says "You don't know what you are talking about, those statements are admissable as statements against interest and as excited utterances and they are given great weight by the prosecutor and judge.";
f) i. You just want people to hire lawyers, ii. Its different in Texas. iii. Joe Horn gave a statement and was fine;
g) Joe Horn got lucky;
h) Ayoob says to make a brief statement;
I) Invoking Ayoob's name is not a conversation ender, just engenders more debate;
j) Ayoob sucks;
k) Ayoob is G0D;
l) Keep the thread nice or it will be closed;
m) Have an attorney's number in your wallet and have an arangement with him to come out if TSHTF;
n) That costs money;
o) Lawyers suck, they should come out for free if it's needed because it's a second amendment matter;
p) It's not a second amendment matter, it's a criminal case;
q) It's not a criminal case, its a self defense case!!;
r) Self defense is a justification defense in a criminal case;
s) Lawyers still suck, and it's not a criminal case!!;
t) Whatever...;
u) My CCW instructor says to make a brief statement!!;
v) Your CCW instructor is probably not a lawyer, and if he is, he aught to know better.
w) What does a self defense case call out for a lawyer cost?
x) Too much, and lawyers suck for charging money for the callout...;
y) You will need a bondsman the next morning;
z) Bondsmen are ok because you pay them and they get you out of jail, but lawyers suck because they demand money to keep you out of jail.
aa) Hey, have you seen this video...

I think I covered everything...
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Old April 2nd, 2009, 04:18 PM   #14
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Quote:
Originally Posted by XDFender View Post
+1000

tns0038--please rethink your position. I am an attorney and, although I do not dispense legal counsel here (only informed, personal opinions), I can assure you that the only things you want to say to the po-po when they get there are:

1. Your name and address; and

2. That you intend to cooperate completely with the investigation, but that you are have just been through an extremely stressful and frightening experience, and that you are going to wait to make any kind of statement to anybody until you have had an opportunity to calm down and consult with an attorney.

A competent and well-trained officer will accept this--they would do the same (if they are smart) if they were involved in a shooting (i.e., talk to their rep before making any official statements).

Contrary to what a lot of people suggest, the chances of you "helping" yourself by making certain statements immediately at the scene are so far outbalanced by the virtual certainty that anything you say will be used against you, that it is not smart.

Asking to be permitted to consult an attorney before making a statement cannot be used against you--because you are only asserting a constitutional right. But saying anything else about the event can be turned on you in ways you would not even believe.
Thanks for the advise... And your right.

What I was referring to when I sad “no brainer simple issue” was not a shooting..

Sorry should have been clearer.

No brainer example:
A couple years ago I was returning from an event and five young adults coming from a night club moved to block my way and surround me. One asking what time it was the other coming up from behind me.

I put my hand in my pocket and warned them to get out of my way and walked right though them. Never drew my pistol, but I think they got the idea.

When I was 100 yards clear, I called 911 and reported the incident.

When the locals arrived 4 minutes later, I explained to the officer what had happen. The officer took my name and number, never asked what was in my pocket or license for it, called for backup and wished me a good evening and said he would call me if he needed an additional statement.

Never heard from, it so I “presume” they never found the youthful adults
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Old April 2nd, 2009, 05:12 PM   #15
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Quote:
Originally Posted by MitchellCT View Post
In the practice of law, a statement to the police is called...

A CONFESSION.

...

...

I think I covered everything...
I lol'd.
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Old April 2nd, 2009, 05:13 PM   #16
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Quote:
Originally Posted by MitchellCT View Post
In the practice of law, a statement to the police is called...

A CONFESSION.

I'd say more on this topic, but it's been discussed ad nauseaum, so I'll summarize and prevent everyone's time being wasted:

a) Don't talk to the police;
b) No, talk to the police, but give a brief statement;
c) You likely won't give a brief statement, but go off at the mouth;
d) Any lawyer worth his salt will be able to explain what you say as induced by stress;
e) Laywer says "You don't know what you are talking about, those statements are admissable as statements against interest and as excited utterances and they are given great weight by the prosecutor and judge.";
f) i. You just want people to hire lawyers, ii. Its different in Texas. iii. Joe Horn gave a statement and was fine;
g) Joe Horn got lucky;
h) Ayoob says to make a brief statement;
I) Invoking Ayoob's name is not a conversation ender, just engenders more debate;
j) Ayoob sucks;
k) Ayoob is G0D;
l) Keep the thread nice or it will be closed;
m) Have an attorney's number in your wallet and have an arangement with him to come out if TSHTF;
n) That costs money;
o) Lawyers suck, they should come out for free if it's needed because it's a second amendment matter;
p) It's not a second amendment matter, it's a criminal case;
q) It's not a criminal case, its a self defense case!!;
r) Self defense is a justification defense in a criminal case;
s) Lawyers still suck, and it's not a criminal case!!;
t) Whatever...;
u) My CCW instructor says to make a brief statement!!;
v) Your CCW instructor is probably not a lawyer, and if he is, he aught to know better.
w) What does a self defense case call out for a lawyer cost?
x) Too much, and lawyers suck for charging money for the callout...;
y) You will need a bondsman the next morning;
z) Bondsmen are ok because you pay them and they get you out of jail, but lawyers suck because they demand money to keep you out of jail.
aa) Hey, have you seen this video...

I think I covered everything...
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Old April 2nd, 2009, 11:02 PM   #17
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I've seen that. It was a huge eye-opener for me.
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Old April 3rd, 2009, 12:37 AM   #18
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One of the best things I've seen on the Internet. If all the witnesses and suspects on Law & Order or CSI would follow that advice, those TV detectives would never solve a case.
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Old April 3rd, 2009, 02:58 AM   #19
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I have watched this before, is all good info, there are a few bad apples out there amongst the LEO's and you never know who is just trying to get you in trouble.
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Old April 3rd, 2009, 04:36 AM   #20
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Don't be so shy Mitchell, tell us what you really think.
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