Don't Talk to the Police (video lecture)

Regent University School of Law ^ | none given | Prof. James Duane

[The Pack Knight]

Link to Video

[The Pack Knight]

I came across this video while tooling around the internet when I was supposed to be working.

The Federalist Society at my law school had Prof. Duane over to give essentially this same lecture earlier this year. It gave me a new perspective on just how important the right not to self-incriminate is in a free society.

This is something every citizen should be informed about. If you are a suspect, there is absolutely no good reason to talk to the police, especially if you are innocent.

When they say "Anything you say can and will be used against you," they mean it. As the Professor points out, answering even seemingly innocuous questions may have serious consequences, as you don't know what other evidence the police may have. What many people don't realize is that, under the rules of evidence, anything you say to the police generally cannot be used in your defense, as it is inadmissible hearsay. If you say anything that contradicts other evidence against you, your statement will be used to attack your credibility in front of the jury, not to support your side of the story.

Now, more than ever, Americans need to be informed of their rights. This is one of the most important ones.

[Maceman]

Here's another good video on the subject, from the ACLU no less.

[I Buried My Guns]

I drove several hundred miles this weekend.

For safety, I keep a gun in my car during such long distance trips.

Well, I got pulled over for speeding. I got a ticket. I signed for it and told the officer to have a nice day.

I saw no reason to stir the pot and announce that I had a gun, so I didn't. My wife, though, was wigging out the whole time.

Query: Was I wrong for not announcing the gun?

[pnh102]

Query: Was I wrong for not announcing the gun?

Nope.

[Jeff Chandler]

Here's what can happen: Confession.

[I Buried My Guns]

My back hurt, and I didn’t feel like getting out of the vehicle and sitting on the curb while he rifled the contents of the vehicle.

[I see my hands]

"I came across this video while tooling around the internet when I was supposed to be working"

Thief.

[Ajnin]

It’s a good video, however there can be a downside to not talking to police. Depending on the circumstances the criminal may escape prosecution.

[Right Wing Assault]

Must be maxed out.

[JRandomFreeper]

Possibly unlawful, but not wrong.

I did a 600 mile trip not long ago and got pulled over, no ticket. I didn't mention the firearms in the vehicle because a) I didn't think to. b) I wasn't sure where they all were, had I thought about them.

I also don't randomly tell law enforcement about the quarters I'm carrying in my pocket or where my bottom dentures are. That's just stuff they probably don't need/want to know.

/johnny

[Tenacious 1]

What state were you in? What is the state law? Do you have a carry permit?

In IN we do not have to give notice, but in several states with recip laws I do. In the state of TX, for instance, if you get pulled over, law requires you to tell the officer and present your license.

I was in a car accident a couple of years ago and was carrying conealed. Because I would be interacting with police and we had to reset my fuel cutoff switch to get my truck running, I politely disclosed, out of courtesy, that I was licensed and was packing. The officer said thank you and never even asked to see my license. No problem.

All that said, I have never offered up the information and don’t think you should have to. But I will always follow the law, whether I think it a good one or not.

[Fester Chugabrew]

I was recently pulled over at a sobriety checkpoint in my neighborhood. Was I obligated by law to roll down my window and allow the officer to proceed with questioning, etc? I doubt it, but I had no desire or reason to ruin their show. “Have you been drinking?”

“No, but I have a great big box of doughnuts in the trunk. Would like one?”

[islander-11]

This cop says no. If, however, you had it on your person and I was asking you to exit the vehicle for some reason, that would be the time for you to say, “Officer, please know that I am a lawful gun owner and I have a concealed weapon located in a holster on my right side. How would you like me to proceed?”

You’d be on your way home shortly, after we discussed our favorite guns and calibers!

[paul51]

Query: Was I wrong for not announcing the gun?

Depends if you were carrying it legally and required to disclose. If you were carrying illegally, it was wise to keep quiet about it.

[Tenacious 1]

This cop says no. If, however, you had it on your person and I was asking you to exit the vehicle for some reason, that would be the time for you to say, “Officer, please know that I am a lawful gun owner and I have a concealed weapon located in a holster on my right side. How would you like me to proceed?”

Great advice, almost verbatim of what my retired father in law has told me.

[Sir Gawain]

Sure you can talk to police. Your one reply should be “Lawyer.” Repeat as necessary.

[Right Wing Assault]

I know a person who was innocent and got in a whole lot of trouble by trying to be helpful. He assumed that the more he talked, the better things would be. Ha, ha! Not true. The cop twisted his words all around so much, he didn’t know his own name after the guy was finished with him.

[The Pack Knight]

In most states, anyone holding a concealed carry permit and legally carrying a concealed weapon is required by law to inform any police officer approaching him on official business of that fact. However, a lot of times it can be easy to inadvertently carry a weapon illegally, especially if you're crossing state lines.

I'd say that, if you have any doubt, don't tell him. If, by some chance, the gun is found and was being carried legally but for your failure to inform the officer, there's a strong case to be made that the requirement to inform the officer violated your fifth amendment rights.

Unfortunately, even legally carrying a weapon is risky these days.

[The Pack Knight]

I work for free as an unpaid intern. That makes me a sucker, not a thief.

[clamper1797]

Most of the new cops are NOT your friend

[I see my hands]

The suckers are those giving you an opportunity.

[yefragetuwrabrumuy]

Importantly, the police know this too. So they have a large bag of tricks with which to try to fool you into talking with them. As such, you should always take several things into account:

1) “The vampire rule”. Never let a police officer onto your property, because anything they see, or smell, or hear, even if they are incorrect, can end up with their getting further access. If they must enter your home, limit how far they can enter, and never leave them alone. Also be very aware of where your property ends, and city easements begin, like the area around city light poles and fire hydrants, that is otherwise on your property.

2) When speaking with a police officer, always assume you are being audio, and possibly video recorded. Many officers do so for the legitimate reason of making sure their reports are accurate. But this also kills any “you said-they said” argument. Whenever you are under police control, in a police car, or in a police station, you have no right of privacy.

3) The Miranda Rights are full of holes. If you say something before you are “Mirandized”, it may be admissible as a “spontaneous confession”. And if you have been arrested and “Mirandized”, then explain something to the police that could be incriminating, there have been cases where individuals have been *released* from arrest, then the police investigated what they said, found incriminating evidence, then re-arrested the individual, as if they had found the incriminating evidence on their own. Thus evading the Miranda protections.

4) It is easier to get information out of someone who just “clams up” than it is to get information out of someone who uses a “name, rank, and serial number” meme. If they clam up, all that has to be done is to get them to say *anything*, and they will usually open up.

5) Individuals used to use the technique of asking a police officer if they were under arrest, and if he said no, then to walk away. But the police learned to say, “Maybe, depending on what you say”, which often coerced people into talking.

So the current technique, if you feel put under pressure by a police officer to talk, is to say, “Please direct all statements and questions to my attorney.” If they demand to know the name of your attorney, then say you need a means to contact them. If the police persist, attorneys and judges get very annoyed, because the police are infringing on their territory.

6) There is always the possibility of a “bad cop”. This does happen, and realize that if you meet one such, your health and even life are at risk. So under no circumstances be alone with them, if you can avoid it. Be very deferential, but play very dumb.

7) Police have three modes of speaking. Chat, questions, and interrogation. They will try to confuse and overlap these three modes, so there is no such thing as idly chatting with an officer.

[Syntyr]

“No, but I have a great big box of doughnuts in the trunk. Would like one?”

http://www.youtube.com/watch?v=JutCjbmcq7s

Trunk Monkey hands the nice police officer a donut...

[colorado tanker]

Sound advice. They are not your friend even if you are innocent. They are in the business of building cases for prosecution.

I heard a story last week about woman who is the victim of identity theft. She went in to the local Barney Fife to file a complaint and was subjected to a five hour grilling. She's now looking for a lawyer because they are investigating her.

[Right Wing Assault]

In the ACLU video:

“if you cooperate with me, I’ll help you.”

Don’t EVER fall for that one.

[Pharmboy]

I was driving in NYC with my pistol in the glove compartment. I was on the Cross Island parkway in Queens and got stopped by a motorcycle cop for speeding, I guess. When he asked me for the registration, I realized I had the (legal carry) Walther in the glove box with the registration...so I stopped and told him. He came around very quickly to the passenger side after checking my permit and all was cool. But—he was nervous.

[PalmettoMason]

bfl

[july4thfreedomfoundation]

Tell your wife that she is married to a wise man.

I wouldn’t have said a word about the firearm, either.

[Steamburg]

Be sure to never store your gun with your driver’s license, registration and insurance. You are required to retrieve those items when you are stopped. The resulting confusion that can occur when your gun and required documents are retrieved at the same time can be fatal.
THIS IS NOT INTENDED IN ANY WAY TO BE LEGAL ADVICE!
There are many states that hold that you are required to present your CCW permit with your driver’s license when you are contacted by the police. To quote an old Assistant Chief I worked for,”It is never a problem, until it is.” I suppose that if you are packing and you are about to be arrested, it would be a real good time to give the arresting officer an “Oh, by the way.” However, most people are smart enough to separate the times they are packing from the times they are doing things that might get them arrested.

[Dumb_Ox]

I suspect there is a negative feedback loop going on between officers of the law and other civilians. Left-wing cop bashing and genuine police abuses makes people mistrustful and disrespectful of police, which makes police more paranoid and mistrustful of non-police, and so on.

Remember that the officer might have just come from a tense situation and is always a little paranoid. Your car might even match the description of an armed criminal's. If you go into a situation calmly and respectfully, you'll almost always come out fine and society will stay a little less tense.

[The Pack Knight]

There's certainly a risk that refusal to talk to the police may result in impeding the criminal investigation of another. However, one should bear in mind that, unfortunately, the police have no obligation to be truthful with you when asking you questions, even to the point of lying to you about whether or not you're a suspect. An officer seemingly asking you about a crime he says someone else committed may in fact be building a case against you, and you'll have no way of knowing this until you are arrested and indicted. Courts have routinely upheld the constitutionality of this practice, holding that such deception is an accepted law enforcement tactic.

To me, the best rule of thumb is that, if you have any reason to believe you may be a suspect, you should be talking to your lawyer, not to the police. Then, if they need you as a witness, they can talk to your lawyer, and you can do your talking to a jury.

[Fester Chugabrew]

ROFL!

[The Pack Knight]

Police have three modes of speaking. Chat, questions, and interrogation. They will try to confuse and overlap these three modes, so there is no such thing as idly chatting with an officer.

Also remember that, like the ex-cop said in the video, there's no such thing as "off the record."

[old curmudgeon]

The question of telling a cop whether you have a gun in the vehicle has not be answered fully, in my opinion.

I carry a pistol all the time and I do not have a permit because in the states I travel, open carry is legal.

So when stopped at a traffic check, I put the pistol on the dash, in the center of the windshield so that it is not easily in the reach of anyone in the vehicle.

I have been stopped many times and so far no cop has even looked at it twice except one dark night in VA when one of those very very polite yes sir no sir asshole state police requested that he run the serial # to see if it had been stolen.

Now I was stopped because I forgot to unplug my radar detector. I was not speeding. As a matter of fact, I was pulling a horse trailer loaded with horse and had a long drive home with the job of unloading and feeding everything in the wee hours of the morning.

So thinking I was doing the right thing to move things along, I agreed.

Well, he blew 20 or 30 minutes, which certainly did not improve my safety since it added that much more to a late night drive. Of course, the gun was not hot.

However, after I got under way I thought that I might should have refused since he had zero probable cause and for the reason that had someone misread a number, say a 6 or an 8, and turned in a serial as stolen, when the 8 was my serial number, I would have been there all night.

I have intended to ask an attorney what I should have done, but never think of it at the right time.

The point of my long post is: It is OK in most open carry states to have the weapon in the vehicle as long as it is in plain sight.

On the other hand, if you are a suspect (bank robbed by someone that looks like you) and you do not have it in plain sight, you will be charged with carrying a concealed weapon.

So bottom line, when stopped be sure it is not concealed.

[spodefly]

I believe the law in North Carolina is that you should announce that you have a firearm in the vehicle, at least at one point it was the law ... not sure anymore ... either way, if I am carrying, it is usually on the passenger seat in plain view, and I just think it’s polite to let them know before they get to the car.

[KDD]

Thanks for the post.

[YankeeinOkieville]

Far better that a thousand guilty go free than one innocent be held.

[Ajnin]

Far better that a thousand guilty go free than one innocent be held.

Unless the guilty come back and kill the innocent.

[Ajnin]

Disregard my last post. I agree with yours.

[AppyPappy]

I would say that not talking to the police would make him very suspicious. Since I am innocent, I see no reason to stir that pot.

[AppyPappy]

“I have been stopped many times and so far no cop has even looked at it twice except one dark night in VA when one of those very very polite yes sir no sir asshole state police requested that he run the serial # to see if it had been stolen.”

A cop that spoke to our Conceal Carry class in Virginia said they always run the numbers. We asked “Why?” and he responded “Because we see a lot of stolen guns”. Up here in the hills, we ain’t particular about where we get our guns. I hate to think about one of mine.

The local gun dealers love this policy.

[I Buried My Guns]

I live in TX, where they passed a law saying that open carry while traveling was legal, as long as gun is in plain sight inside the vehicle.

My problem is that I do not think it wise to leave it out like that, sliding around on the floor or backseat and visible to passersby (who may see it and wig out), so I stuffed it under my seat.

And not that it matters, but I keep it unloaded because there is no safety (It's a Walther, and you know how those krauts are), and the magazine is also under my seat. Thus, it is technically concealed.

The funny thing is that the whole vignette reminded me of a Dave Chappelle skit wherein he is pulled over with an angry woman in the car. When the policeman gets to the window, she yells "HE GOT WEED! HE GOT WEED!"

My wife did not do anything to stir the pot, but she can be a spontaneous talker, especially when I lied to the officer about the date I moved to a new address because I did not want to get cited for Failure To Keep Address Current. (which is a fine of about $150). The officer almost caught me in a lie on that one, but I squeaked by.

[The Pack Knight]

Actually, that was a Chris Rock skit, and one of my favorites.

How to Not Get Your @$$ Kicked by the Police:

1. Obey the law.
2. Use common sense.
3. Stop immediately.
4. Turn that $&!^ off.
5. Be polite.
6. Shut the #%$@ up.
7. Get a white friend.
8. Don't ride with a mad woman.

http://www.youtube.com/watch?v=oaveytx07vs

[The Pack Knight]

Innocent people get convicted of crimes from time to time, often on no more evidence than what they said to the police. I’d rather let the officer be suspicious (which he probably already is) than risk that. Honestly, most officers would probably understand, and it might even make him less suspicious in one way. Someone who isn’t dumb enough to sit in an interview room and have a conversation with the police probably isn’t dumb enough to be a criminal.

[AppyPappy]

It is very rare to find someone who is innocent but unwilling to defend themselves. With DNA and new technology, we are reducing the number of issues. But if you are walking in a neighborhood where a rape just occured and the police stop you, being uncooperative is going to hurt you. Simple logic tells you that it is better to arrest you and be wrong than let you go and be wrong. Police work for politicians, not us. Politicians will go nuts if the police stop a rapist and then let him go.

[paul51]

Try and make life easier for yourself. A nice Sig, full magazine, one in the chamber and decocked along with some velcro and a good holster will have you cruisin worry free.

[gunnyg]

Gunny G: Don’t Talk To The Cops? What’s The Point???
October 26, 2009

Gunny G: Don’t Talk To The Cops? What’s The Point?

Re
http://www.fr33agents.com/1186/dont-talk-to-the-cops/
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I find it strange that I am the only one (apparently) who finds it strange that in America our laws protect us from self-incrimination (our speech); yet we can still be tape recorded, in many cases, and that used against us. Further, what’s the point, above, since, against our will, our blood, hair, dna, spit, breath, etc. can be freely used against us w/o restriction.

Read the rest of this entry »

http://gunnyg.wordpress.com/2009/10/26/9773/

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[MileHi]

When he asked me for the registration, I realized I had the (legal carry) Walther in the glove box with the registration...

I keep insurance/registration clipped on the visor under the garage opener for just that reason.