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General Forum -> "Do Not Talk to the Police"
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2011-12-17 21:01:31
1 of 7
#6164
I came across this on Facebook today and actually watched the whole thing through.

I find myself wondering how accurate this is. Thoughts?

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Posted by: Yermo
2011-12-17 22:41:21
2 of 7
#6165
in reply to #6164
Can you summarize for those of us not willing to watch it?
Posted by: Ian
2011-12-18 10:04:08
3 of 7
#6166
in reply to #6165
It's largely common sense. It's geared toward attorneys (it is a law school lecture, after all).

Some reasons not to talk to the police.
1. It cannot help - What you say can and will be used against you but may not be used for you! Apparently, your attorney cannot ask an officer to testify as to what you said during the interview - the prosecution will object that it would be hearsay and the testimony would not be allowed.
2. You may admit to something without benefit. In other words, even if you're guilty, there is no reason to confess at the time of questioning. If you plan to confess, wait until the possibility of a plea bargain or some other deal. Also, coerced confessions rarely happen if you don't talk.
3. You may say something false, which can be used against you. The fact that you blurted out one lie during the interview can be used to call the rest of what you said (even if true) into question.
4. You may give a piece of info that can be used against you. Even a minor piece of information can be damning. "No one liked the guy" can be questioned - "So you didn't like the victim?" "No." Bam, motive is established.
5. Innocent & truthful - they can still screw you if the police don't remember or lie about the answers.
6. Even beyond that, they can still screw up & screw you. A bad or confused witness can make your statements look false. "I was in another town, visiting my Mom" seems innocent until they have one of your neighbors, who has known you for years, state that he/she saw you near the scene of the crime around the correct time. The neighbor is wrong, but with no physical evidence and no witnesses other than Mom, you're hosed.

The cop that 'answered' agreed with everything. (Of course, he's boning up for the bar...

As the lecturer stated, number one is enough. It cannot help, ever.
The only time you talk to police is if you called them.
Don't make me release the flying monkeys!
Posted by: Micro
2011-12-18 16:02:38
4 of 7
#6167
in reply to #6166
Micro wrote
1. It cannot help - What you say can and will be used against you but may not be used for you! Apparently, your attorney cannot ask an officer to testify as to what you said during the interview - the prosecution will object that it would be hearsay and the testimony would not be allowed.


I heard the same thing about police reports when I was on jury duty. Unless the officer who wrote the report actually saw the events described in the report, the report is hearsay and can be disputed as evidence.
Posted by: MikeS
2011-12-18 23:37:56
5 of 7
#6168
in reply to #6167
It's funny because it can only be used against you - you cannot dispute an officer's testimony about your statements as hearsay.
Don't make me release the flying monkeys!
Posted by: Micro
2011-12-19 09:57:04
6 of 7
#6169
in reply to #6168
A blanket statement such as "don't say anything" is a bit of an overgeneralization- you do need to give some information, such as identification- you can choose not to give it, but they can also choose to take you into custody until they verify who you are. Don't give them any information that can be used against you, but also don't give them incentive to take extra notes- for example the most common interaction most of us have is with traffic police- if you make statements that imply you're going to take it to court rather than roll over and just pay the fine, you can be sure that the officer is going to take extra notes on the situation. Be respectful, innocuous, and quiet.
Posted by: Matt
2011-12-19 14:00:53
7 of 7
#6170
in reply to #6169
I would add one exception to the don't-say-anything rule. Here in British Columbia, extremely aggressive drunk driving rules were enacted which bypassed the normal legal process and gave all the power to the officers. Even if your breathalyzer score was below the limit, the officer could use his discretion in slamming you or not. Penalties were severe.

If you had one glass of wine with dinner and encountered a sobriety checkpoint on the way home, where they ask if you've had any alcohol, it would not be reasonable to not say anything or to tell the truth. If you say nothing, you're in trouble. If you say you had one drink they are likely to assume you're lying and might deem you to be DUI. The only thing to do is lie. Then they can only begin field tests if they have some reason to believe you're lying.
Posted by: Ian