Don't talk to the police

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  • jbonnette

    Well-Known Member
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    Mar 22, 2009
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    I had a couple of friends recently attend CHP classes given by a fellow member of the board, Geauxshootin. During the course, Alan shows a video in the class called "Talking to the Police" created by James Duane, a professor of law. These friends, who attended different classes, mentioned how much they liked this video. I was able to locate it online and view it today. It was pretty eye-opening. I can see how this would be very important subject matter to know if you were ever involved in a self-defense shooting (or any other investigation for that matter).

    [ame]http://www.youtube.com/watch?v=6wXkI4t7nuc[/ame]

    OR

    http://video.google.com/videoplay?docid=8167533318153586646#

    Thoughts? No police bashing please.
     
    Last edited:

    aroundlsu

    Bayou Photo Shooter
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    Dec 21, 2007
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    Is this the one where the teacher talks then the detective comes out and agrees with everything he said? If so, that is a great video. It maybe shouldn't be taken literal for every situation, but in general less you say the better. That applies to all areas of life, really.
     

    blanepara9

    just some dude
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    Feb 5, 2009
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    REALLY interesting stuff, Ive NEVER thought of it this way. More stuff to think about if i ever get in trouble I guess. By the way he is a really good speaker and knows how to communicate a point across.
     

    jbonnette

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    Is this the one where the teacher talks then the detective comes out and agrees with everything he said? If so, that is a great video. It maybe shouldn't be taken literal for every situation, but in general less you say the better. That applies to all areas of life, really.

    Yep, that's the one.

    REALLY interesting stuff, Ive NEVER thought of it this way. More stuff to think about if i ever get in trouble I guess. By the way he is a really good speaker and knows how to communicate a point across.

    One of his points is that it's not just when you're in trouble or have committed a crime. Your statement can never be used for your benefit, it can only be used against you.
     

    f350drvr

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    Jun 16, 2008
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    Just watched the entire video. I never thought about alot of things he said, but my dad (who is a retired detective) pretty much sat me down and told me the same thing when I was about 15. If I ever got in trouble to be cordial, and shut up until he or an attorney got there.
     

    SHOT1

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    Feb 26, 2010
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    Metairie
    WOW! Thanks a bunch for posting this. I'm a talker and definitely impatient, without this info i'd be one of the "stupid people" for sure!
     

    oleheat

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    So true. Massad Ayoob has been preaching this for years....In case anyone hasn't read it, you really should check out his book "In The Gravest Extreme"- it's a great read.
    It offers a lot of professional insight on this exact topic.
     

    Baldrik78

    Misanthrope Savant
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    Jul 7, 2009
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    Go watch a few episodes of First 48 on A&E. 90% of the cases they show, if the suspect would have said, "I want an attorney." the moment the detectives started asking questions, the cops would not have enough evidence for an arrest.
     

    gsneff

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    Mar 4, 2009
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    i enjoyed watching the video and will try to remember to watch it periodically so it will stay fresh in my mind. thanks for the post
     

    Det.Blair

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    Feb 2, 2009
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    As a LEO, let me say this and not to get into a contest or legal discussions, when you say not to incriminate yourself to me you are making reference to doing something wrong as opposed to helping in a investigation. Of course when justifiable homicide is involved I understand getting legal advice but based on the facts presented to the officers at the scene might lean to something else without cooperation. Food for thought if it a self defense shooting and the bad guy lives and this takes outside the home somewheres and you refused to speak think what the bad guy is going to say what happened, its a one-sided story. Guess what he is going to say?
    Also if the shoe is on the other foot and your home or car is burglarized and your gun(s) are stolen, lets say evidence proofs he did it,he is arrested but refuses to talk you would be pissed, you want your guns back but he is not talking because I have seen this plenty of times in my career. Again I believe in the Bill Of Rights and a true believer in the right to bear arms by the good citizens of this great country.
    Again I am not trying to stir up a hornets nest, but this is my .02 in this matter
     

    Nolacopusmc

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    Oct 22, 2008
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    As a LEO, let me say this and not to get into a contest or legal discussions, when you say not to incriminate yourself to me you are making reference to doing something wrong as opposed to helping in a investigation. Of course when justifiable homicide is involved I understand getting legal advice but based on the facts presented to the officers at the scene might lean to something else without cooperation. Food for thought if it a self defense shooting and the bad guy lives and this takes outside the home somewheres and you refused to speak think what the bad guy is going to say what happened, its a one-sided story. Guess what he is going to say?
    Also if the shoe is on the other foot and your home or car is burglarized and your gun(s) are stolen, lets say evidence proofs he did it,he is arrested but refuses to talk you would be pissed, you want your guns back but he is not talking because I have seen this plenty of times in my career. Again I believe in the Bill Of Rights and a true believer in the right to bear arms by the good citizens of this great country.
    Again I am not trying to stir up a hornets nest, but this is my .02 in this matter

    iop1 of the spinoff. :eek3::eek3::D


    You make some good points. What I teach is kinda hybrid of answering the "Tell me what happened" question as the LEO opens the rear door of the unit and leans in while you are cuffed int he back. Convo would go comething like this......


    You: "I was sleeping, I heard a noise. I went down stairs and saw an intruder. I drew my firearm and told him to leave. He refused and I thought he was going to hurt me or my family. I defended myself."

    OFC: "How many times did you fire?"

    You: "I really do not know"

    OFC: "I mean once, a hundred times, how many shots do you think you took."

    This is where you do what I call "Keep it real." You definitely want to protect your 5th A rights, but it is in your best interest to develop some kind of rapport with the LEO (assuming this is a righteous shoot). I advise my students to be honest but guarded. For example...

    You: "Officer, I will do anything you need me to do. I will cooperate in anyway I can, I would feel much more comfortable with my lawyer here."

    OFC: "Dude, you did nothing wrong, I just need to know what happened."

    You: (without sarcasm) " Man, I know I did nothing wrong. I thought he was going to kill me, so I defended myself. I promise, I will answer any questions, make a statement, whatever you need, I just feel it is in my best interest to have my attorney here. I am scared and very shaken up. As soon as he gets here, I will tell you whatever you need to know."


    Now, putting aside the notion that all LEO are out to screw you over, and real cop, any real man, when told that, seeing the scene for what it is, will understand and see that you are only further protecting yourself. Truth be told, like any other crime, LEO will have already made a pre-investigative determination of basically if it is a good / bad shoot. If it is good, TRUST ME, we are on your side.


    I say, be honest but guarded. Do not admit details without an attorney. Develop a rapport, but do not get diarrhea of the mouth.
     

    jmcrawf1

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    Jan 20, 2008
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    Brannon, taking into account that somebody who is law abiding and not used to such things, just shot somebody lawfully, do you think they can remember all that? If it were me, i'd be 10 kinds of frazzled.

    Or train like muscle memory to say I need my lawyer. (Politely, of course)


    I see where you're coming from, but the average joe who has been through a self defense shooting would be better served with someone there to guide them. I bet the line between estsablishing rapport and diarrhea of the mouth is thin.
     

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