Don't talk to the police

[Det.Blair]

Nolacopusmc shot down his own argument. Just as said before, the LEO can not testify on what they think happened or what you say (in your defense) thats hearsay. There is no point in being defensive but just say I need to talk to my lawyer before answering any questions. It is true your lawyer can not speak for you but he can be whispering in your ear the whole time. On a different note, I have many friends that are attorney's and are shooters in Lake Charles if you need one.

there are exceptions to the use of hearsay evidence, if you have access to the La. code of evidence look at Article 803 especially no.1 and 2 and Article 801 describes what hearsay evidence is.

 

[Nolacopusmc]

Nolacopusmc shot down his own argument. Just as said before, the LEO can not testify on what they think happened or what you say (in your defense) thats hearsay. There is no point in being defensive but just say I need to talk to my lawyer before answering any questions. It is true your lawyer can not speak for you but he can be whispering in your ear the whole time. On a different note, I have many friends that are attorney's and are shooters in Lake Charles if you need one.

alright snappy, explain how I did that.

 

[mct601]

Nolacopusmc shot down his own argument. Just as said before, the LEO can not testify on what they think happened or what you say (in your defense) thats hearsay. There is no point in being defensive but just say I need to talk to my lawyer before answering any questions. It is true your lawyer can not speak for you but he can be whispering in your ear the whole time. On a different note, I have many friends that are attorney's and are shooters in Lake Charles if you need one.

alright snappy, explain how I did that.

I'd like to know to.

Why wouldn't you want to be cooperative with the police? The DA and court may be who ultimately decides what goes on, but the police is the first line of response. That's like calling 911 and denying treatment from a crew of EMT-B's because you only want to see a doctor. Why come off as an arrogant guilty ******* when you can help your case and give the police an idea of whats going? Maybe it's just me, but what nolacop has stated makes a lot of sense- and coming from his background of work, I think it's the correct info.

 

[Ben Segrest]

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).

If you are asked how many times you fired and say "3", but there were "4" casings, it means you were either lying or are not sure of your facts, and if you do not know how many shots you fired, then how do you know if the "victim" was really posing a threat.

Nolacopusmc shot down his own argument.

alright snappy, explain how I did that.

It may or may not be taken out of context, but those statements could be seen as contradictory.

 

[Nolacopusmc]

It may or may not be taken out of context, but those statements could be seen as contradictory.

I don't see it.

My point is, you are not in a state to answer DETAILED QUESTIONS, such as how many rounds you fired. If you do and give a contradictory answer, that contradiction could be used against you to discredit your integrity or ability to recall facts and make decisions.

 

[rooster]

That only applies to a declarant's future conduct, not past conduct.

 

[FishingBack]

Keep it simple. Here's what I think would work:

1. I shot that guy because I felt my life was in danger.
2. I fully intend to cooperate in the investigation, but I am feeling too shaken up to talk specifics right now.

 

[rooster]

Only expert witnesses get to give their "opinioin" in court. LEO can only testify to what he saw, heard, smelled, etc. First hand testimony.

I'd like to know to.

Why wouldn't you want to be cooperative with the police? The DA and court may be who ultimately decides what goes on, but the police is the first line of response. That's like calling 911 and denying treatment from a crew of EMT-B's because you only want to see a doctor. Why come off as an arrogant guilty ******* when you can help your case and give the police an idea of whats going? Maybe it's just me, but what nolacop has stated makes a lot of sense- and coming from his background of work, I think it's the correct info.

No it is not like denying treatment from an EMT, because EMTs can help before you get to a doctor. Talking to a LEO can only hurt in a case. A LEO's statement would really have no bearing on if an inditement is issued in a case like that since they have no first hand testimony.

 

[rooster]

Keep it simple. Here's what I think would work:

1. I shot that guy because I felt my life was in danger.
2. I fully intend to cooperate in the investigation, but I am feeling too shaken up to talk specifics right now.

That will work.

 

[LSUrifle]

I'd like to know to.

Why wouldn't you want to be cooperative with the police? The DA and court may be who ultimately decides what goes on, but the police is the first line of response. That's like calling 911 and denying treatment from a crew of EMT-B's because you only want to see a doctor. Why come off as an arrogant guilty ******* when you can help your case and give the police an idea of whats going? Maybe it's just me, but what nolacop has stated makes a lot of sense- and coming from his background of work, I think it's the correct info.

Coming from his background yes. Im sure the majority of LEOs would want to know what the hell happend so they can get a handle on the situtation. But you can be cooperative and still not spill your guts. "He broke into my my house, i feared for my life, and i defended myself and i would really like to calm down and speak with my lawyer before i answer anymore questions." With ur adrenaline goin 90 to nuthin its going to take everything uve got just to focus enough to say that. That doesnt sound arrogant or guilty to me and the LEO knows the basics of what happend. just my .02

 

[jbonnette]

I'd like to know to.

Why wouldn't you want to be cooperative with the police? The DA and court may be who ultimately decides what goes on, but the police is the first line of response. That's like calling 911 and denying treatment from a crew of EMT-B's because you only want to see a doctor. Why come off as an arrogant guilty ******* when you can help your case and give the police an idea of whats going? Maybe it's just me, but what nolacop has stated makes a lot of sense- and coming from his background of work, I think it's the correct info.

Did you watch the whole video? I'm guessing that you didn't.

I think NolaCop is basically saying do the following:
1) Bare minimum statement of events.
2) Politely ask for your lawyer before answering any questions.

 

[Det.Blair]

Nolacop is right. Common sense plays a big part in everything do not get defensive with LEO they were not there. Help them help you. Common sense is going to tell me at 3am at your home, door kicked in, suspect on the floor bleeding, family is in a panic mood we possibly have a self defense scenario here.

 

[OneStory]

"That is why you want to give just enough to not seem like every other douchebag who "pleads the fifth" but in effect, still do so."

That common perception is such a shame. The guy in the video explained how our founding fathers intended the fifth to protect the innocent and we've twisted the original meaning 180 degrees and use it against the innocent. Much of our Constitutional protections are headed that way.

"In a good shoot we are on your side being defensive is not the answer my friend. A good lawyer will tell you that."

"being defensive" doesn't have to be offensive...a good lawyer will tell you that.

What are the chances of being in a "good shoot"? What is a "good shoot"? Even if you did everything right and it was on video and the bad guy was Bin Ladin, you can still say something that can be used against you in court AND used against you when the civil case comes up.


After a "good shoot", wouldn't it be beautiful if the LEO walked up to you and said "Hey man, this is a good shoot. Don't say anything to anyone, especially me! All the evidence is there to show you were in the right so don't blow it by opening your mouth. You want to talk to your lawyer, right?...Don't say anything...just nod your head... Okay, sit here, call your lawyer and relax while we go do our jobs."


You may need to point out some evidence at the scene that some investigators may overlook or evidence that "onlookers" may remove from the scene - hopefully, you will be able to do this by just pointing with your finger.

I say: Walk softly, carry a gun, and keep your mouth shut.

 

[tunatuk]

That's right. Us cops are only here to haul you away. We are such horrible people, and want nothing more than to find another schmuck who legally defends himself and throw him in the pokey.

How is it that ANY statement made to LEO is automatically against you? It can't ever help you? Really now? I can understand wanting a lawyer, but the attitude some of you have is that all LEO is evil, and that we don't want to do anything to help you.

And Pangris, what was with that dig against LEO you made about not having the duty to protect? How does that even fall into this conversation?

I'm about done with every LEO thread on here, because it ALWAYS turns into cops are wrong, and can't do anything right.

 

[rooster]

I guess maybe you don't understand. I am glad for LEO. Now I am not being rude, but how often are LEO influential in getting people off of crimes as opposed to collecting evidence. LEO may arrest someone but if the evidence does not support then the person is let go. This is not a LEO bashing thread but a better safe than sorry thread. Pro 10:19 When words are many, transgression is not lacking, but whoever restrains his lips is prudent.

 

[Nolacopusmc]

Keep it simple. Here's what I think would work:

1. I shot that guy because I felt my life was in danger.
2. I fully intend to cooperate in the investigation, but I am feeling too shaken up to talk specifics right now.

So you say... "I'm not sure" when asked how many rounds fired??

Isn't that along the lines of not knowing how many beers you had?

Introducing the notion that your aren't aware of exactly what happened?

Officer, I was in fear for my life/life of loved one and defended myself/them. In my ccw class they told us if anything like this happened we should ask for our attorney. My attorney is Jim Knipe and I'd like to speak to him before I answer any questions. Thanks for understanding.

Coming from his background yes. Im sure the majority of LEOs would want to know what the hell happend so they can get a handle on the situtation. But you can be cooperative and still not spill your guts. "He broke into my my house, i feared for my life, and i defended myself and i would really like to calm down and speak with my lawyer before i answer anymore questions." With ur adrenaline goin 90 to nuthin its going to take everything uve got just to focus enough to say that. That doesnt sound arrogant or guilty to me and the LEO knows the basics of what happend. just my .02

Did you watch the whole video? I'm guessing that you didn't.

I think NolaCop is basically saying do the following:
1) Bare minimum statement of events.
2) Politely ask for your lawyer before answering any questions.

Nolacop is right. Common sense plays a big part in everything do not get defensive with LEO they were not there. Help them help you. Common sense is going to tell me at 3am at your home, door kicked in, suspect on the floor bleeding, family is in a panic mood we possibly have a self defense scenario here.

That's right. Us cops are only here to haul you away. We are such horrible people, and want nothing more than to find another schmuck who legally defends himself and throw him in the pokey.

How is it that ANY statement made to LEO is automatically against you? It can't ever help you? Really now? I can understand wanting a lawyer, but the attitude some of you have is that all LEO is evil, and that we don't want to do anything to help you.

And Pangris, what was with that dig against LEO you made about not having the duty to protect? How does that even fall into this conversation?

I'm about done with every LEO thread on here, because it ALWAYS turns into cops are wrong, and can't do anything right.

All all are valid points and in line with what I was trying to convey.

 

[OneStory]

That's right. Us cops are only here to haul you away. We are such horrible people, and want nothing more than to find another schmuck who legally defends himself and throw him in the pokey.

How is it that ANY statement made to LEO is automatically against you? It can't ever help you? Really now? I can understand wanting a lawyer, but the attitude some of you have is that all LEO is evil, and that we don't want to do anything to help you.

And Pangris, what was with that dig against LEO you made about not having the duty to protect? How does that even fall into this conversation?

I'm about done with every LEO thread on here, because it ALWAYS turns into cops are wrong, and can't do anything right.

Look man, I didn't use words like "only", "horrible", "nothing", "ANY", "automatically", "ever", "all", "don't", "anything", "ALWAYS", and "can't".
You may be exaggerating a bit???

LEO, like everyone else, have bad days - make mistakes - remember incorrectly - exaggerate - etc... they are people too.

LEO are mainly VERY GOOD people. Some are not so good - admit it - you know at least one... and it very well may be that a very good one in a great mood and having a perfect day interviews me at the scene...then again, it may be the "not so good one".

If we can't "talk to the police" here...sitting calmly on our butts...without misunderstanding, how can we do it right after an incident that scared the life out of us???...I'm blaming all parties here...myself included.

Maybe, my point about keeping my mouth shut "lest my words be used against me" should also extend to relatively low pressure discussions on the internet, as well.

 

[RCRAMIE]

Not LEO bashing im ex LEO but what good will come from me saying anything at the time to a LEO that can't be said later with my lawyer. That will be a long case and trial if it comes to that, there will be plenty of time to say what I have to say with my lawyer present.

 

[Trickasabrick]

That's right. Us cops are only here to haul you away. We are such horrible people, and want nothing more than to find another schmuck who legally defends himself and throw him in the pokey.

How is it that ANY statement made to LEO is automatically against you? It can't ever help you? Really now? I can understand wanting a lawyer, but the attitude some of you have is that all LEO is evil, and that we don't want to do anything to help you.

And Pangris, what was with that dig against LEO you made about not having the duty to protect? How does that even fall into this conversation?

I'm about done with every LEO thread on here, because it ALWAYS turns into cops are wrong, and can't do anything right.

I know that there is a fair amount of LEO bashing that goes on here, but I don't see it in this thread. Did you watch the video that is being discussed? Maybe you disagree, but I don't think anybody said LEO were all bad and out to get you.

I believe Pangris was possibly making a "dig" at the Supreme Court instead of LEO by referring to http://www.nytimes.com/2005/06/28/politics/28scotus.html

 

[posse comatosis]

Here's what I think would work: I shot that guy

Whoa up, there. Say anything but that. The cops will know that. But if you don't own up to it, the DA will have to prove it without your supporting statement. And that's where they start stumbling. You'll take the ride and do some time maybe. But, hey. You just killed a guy, and almost admitted it.