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Legal Experts: Even TOTALLY INNOCENT People Should Avoid Talking to Law Enforcement
A law school professor and former criminal defense attorney explains why you should never agree to be interviewed by the police:
We’ve previously documented that there are so many federal and state laws in the United States, that no one can keep track of them all, and everyone violates laws every day without even knowing it.
As such, it is best to avoid law enforcement when possible.
It’s vital to note, however, that the Supreme Court ruled this year that your silence CAN be used against you (the link is to the website of one of America’s top constitutional law professors) … at least until you’re read your Miranda rights. Therefore, if you remain silent when police are questioning you, it is very important to tell the police that you are exercising your right to remain silent. As the Atlantic notes:
Basically, if you’re ever in any trouble with police… and want to keep your mouth shut, you will need to announce that you’re invoking your Fifth Amendment right instead of, you know, just keeping your mouth shut. “Petitioner’s Fifth Amendment claim fails because he did not expressly invoke the privilege against self-incrimination in response to the officer’s question,” reads the [Supreme Court] opinion ….
It’s Not Andy Griffith’s America Any More
This is not to say that all law enforcement personnel are bad folks. Many of them are outstanding people.
But our police forces have become so insanely militarized and the fear of terror has become so wildly overblown that many law enforcement personnel have become hair-trigger tense.
People have been severely harassed when they’ve asked for help from law enforcement. For example, an anti-war website was spied on for 6 years after they asked for help by the FBI. And the FBI rifled through all of a woman’s electronic communications after she told the FBI that she was being harassed.
Police have recently tasered numerous deaf or retarded people for “failing to follow orders”.
And they’ve shot and killed people who were just looking for help. See this and this.
Again, we’re not trying to paint with a broad brush; most law enforcement personnel are good folks just trying to do their job. And police are human, too … sometimes they get scared and overreact.
But it’s not the same ole Andy Griffith show type demeanor among law enforcement today. So it’s best to be careful.
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No, as an attorney, it is especially innocent people who should not talk to the police, unless you want to be framed by your own statements, as possibly misremembered by Officer Friendly.
I prefer willfully misrepresented by Officer Friendly rather than misremembered. If I do have an encounter, and it is at all possible, I will be recording.
It is illegal to record police in swaths of the USA, and such evidence also gets thrown out, rendered inadmissable, so the jury can't hear it.
To: El Valquero and TBT: Record to your heart's content. The Supreme Court has this year struck down the non-record laws http://www.huffingtonpost.com/2012/11/26/illinois-police-recording_n_219... Light is the enemy of their darkness.
Shit, my local PD got so bad when it came to shooting people that they were forced to wear lapel cams. Now, there's a good chance that you'll get the charges dismissed if they arrest you and they don't have the the camera running.
Cop-cams are coming on strong. Taser corp. has released a low-cost AXON Flex line that's selling well. It and other innovations are described in the December issue of <I>Reason</i> magazine (pp. 22-23), in an article by Ronald Bailey titled, "Watched Cops Are Polite Cops: Requiring law enforcement to wear video cameras will protect your constitutional rights and improve policing."
The police lie on the stand, period... Now, they can be made to look the fool if you get away from municipal court, where they start trying to qualify their lies... and you can make them look dumb for being combatant... but rest assured, they and all their buddies will lie at every chance they get... blue shield... all you can do is hope they are too lazy to get a good story/narrative before trial.
"Again, we’re not trying to paint with a broad brush; most law enforcement personnel are good folks just trying to do their job."
Have any examples? I don't. Furthemore, the mandates of police officers in this police-state world we live in are in direct conflict to the constitution. See entrapment, implied consent and etc.
Besides, most cops these days are ex-military thugs that still think they are in Fallujah.
"most law enforcement personnel are good folks just trying to do their job." Have any examples? I don't.
I have ONE that comes to mind, after decades of dealing with these costumed thugs. ONE AND NO MORE.
Well I used to live across the street from one. Man all the kids used to ride down the street (without helmets) to greet him when we saw his car.
Those days are LONG gone. And they aren't coming back anytime soon I am afraid.
pods
The FBI is the police. Martha Steward went to jail for talking to them. http://www.youtube.com/watch?v=jgDsbjAYXcQ Remember it's not what you said; it's what they said you said. (With the FBI, there's no recording only, what they write)
Most members of a jury are deluded and trust them or their forensics. http://en.wikipedia.org/wiki/New_York_State_Police_Troop_C_scandal
Handy pocket guide to print out. http://cdn.preterhuman.net/texts/drugs/nansnook3c/1460.html
https://www.youtube.com/watch?v=PCNCiMtVbGQ
In my many years I have seen the police go from 'Officer Friendly'...the kind of guy you would tell your kids to seek out if they were lost...to the US version of the Geshtapo. Even some of my bleedin heart friends recognize that cops are not to be trusted.
I have a burglury and the cop went through my house and garage . He found some fire crackers and gave me a paternalistic lecture 'but let me off this time'.
They seek politicians to pad their retirement, the log unjust overtime to pad retirement (again) and then get disabled (hey that's padding #3).
Police are no longer consider honorable by most of society (ravings of Right of Center radio hosts who love cops and 'thank them for their service' not with standing).
My kids get regular instruction on 5th amendment rights and the proper way to refuse vehicle search.
Check out Youtube for police abuse if you have a shred of love for the police. Blacks have felt this way forever. Now that the rest of us are under their control we will soon feel the same intensity as they do.
Do not talk to the police and NEVER let them into your home, your insurance agent will do everything they do and he won't try to search your home so he can rack up a felony.
true
with the 1%, we're all minorities now
it's actually worse. They don't even pretend anymore
Just look at the NSA, or Wikileaks, or money is speech, or waterboarding. The 1st and 4th and 5th are gone.
Just make everything part of "the war," give it no boundaries and no timelimits and get outside the rules.
It's pretty obvious
and pretty simple
and pretty ugly
so is the solution
One should also remember your Attorney is not your friend, he is an officer of the court, and is ultimately accountable to them.
Everyone is accountable to the court... look at it this way, how long do you think you'll practice and how long do you think you'll be able to command an hourly fee worth a shit if you do nothing but roll over and let the other side scratch your belly? The "court" doesn't give a shit and would rather be fishing... the parties are the only ones that care what the outcome is and you owe not a damn thing to the other side save some disclosures in discovery...
What, don't call Saul!?
As an atty, I've been telling everyone I know this for about ten years. Same with testifying to any government body - no matter how innocent the request appears.
Plead Da Fif, baby.
In Tennessee, it is illegal for a woman to drive a car unless there is a man either running or walking in front of it waving a red flag to warn approaching motorists and pedestrians.
http://answers.yahoo.com/question/index?qid=20100901160309AA79HIE
For once, a highly sensible law!
(But for the record, had I written the law, I would have mandated that the man issue warnings from a bullhorn every 15 seconds as well.)
http://www.coyoteblog.com/coyote_blog/2013/11/in-new-mexico-forced-government-anal-probes-are-way-better-than-having-even-one-person-smoke-a-joint.html
and don't ask police for help if your house is on fire.
Cops stun-gun dad as son dies in fire
Saddest thing I've ever read ...
In this case the house was mostly burned, the kid was clearly dead and if someone becomes crazy and irrational when every rational person knows the kid is dead then what should police do?
And you believe the cop's story????
The problem is that neighbors will call. Who needs enemies when you have neighbors?! Keep your neighbors far away and behind fences.
In Oklahoma, it is illegal for women to curl their own hair without a license from the state.
http://www.legalsource360.com/index.php/strange-laws-oklahoma-laws-3169/
In America, it is Illegal to be a US Citizen.
Really.
What about concealed curly hair?
you need a permit
Here I'm not 100% against 'open carry'. Case by case seems prudent.
In California, one needs a quilter's license to make quilts.
You're eight times more likely to be killed by a cop in the US than by a terrorist. Can we have a war on police now?
Seriously, any society that requires police and prisons has already failed.
Committee Against Political Repression
Never talk to the police. Never talk to the FBI.
I do not fear them or their power, but I know statistically that my worst threat of bodily harm or loss of freedom is from a government agent. The same is true for my loved ones.
I agree, one of my worst threats of bodily harm is from my loved ones
Years ago, as prosecutors, we trained the cops how to respond to various 911 calls, including domestic violence. I have to say, after two decades, it's a Brave New World. These cops, as a whole, have more "education" than the older ones, but they're fundamentally more ignorant - of common sense, of Criminal Procedure, and the Fourth and Fifth Amendment. They also act like they have complete immunity. Like the cops, the courts have changed too and they bless a lot more than they used to.
All formal engagements, especailly where they seek statements, should be recorded and or with an attorney, a good attorney. There are a few jurisdictions that do that. Most don't. They can legally lie, legally intimidate and use a candybasket of tricks to get out a statement that can be construed completely different.
hard to believe the government would do that.
"They also act like they have complete immunity."
They DO have complete immunity:
http://www.youtube.com/watch?v=RVmGWLsn0iM&feature=youtu.be
yep, when tyranny comes to your door, it will be wearing a uniform.
Just say, "Fifth Amendment, yo" and give 'em the finger, right?
Despite the author's disclaimer, most police are not-too-bright authoritarian bullies, and you trust them at your peril.
You should specifically ask for a lawyer. As soon as you ask for a lawyer, they are legally required to stop questioning you. You can reclaim your right to remain silent at any time too, but everyone should remain silent to start. Even when you're completely innocent, you can easily get yourself into a lot of trouble by talking. Why risk it in other words?
"Just say, "Fifth Amendment, yo" and give 'em the finger, right?"
Didn't Mr. Anderson try that with agent Smith? I'm not sure you are Neo....
could have saved Miriam Carey's life
Everything to say can and will be used against you in a court of law.
<And if we can't convict you on the original charges will just make some shit up.>
Another common tactic is to overcharge the shit out of people. Multiple felonies when there is maybe, and I mean maybe, enough evidence to support a misdemeanor charge, then using that to bully people into pleaing to lesser charges. Then they'll wait until the day of trial to dismiss the case. It's complete bullshit.
Disturbing the Peace, then Resisting Arrest seems to be one of their favorite one, two charges for those unwilling to "cooperate".
Interefering with a police officer.
obstructing is the best one
I've seen people charged for saying (from across the street) "hey, stop beating that guy."
Here, it's failure to obey a police officer, AKA contempt of cop. 70% of those are either dropped or found not guilty. They roughed up and arrested a local news reporter for that on camera once. The entire local media had at least one bad report on the PD every day for months after that. It's funny when they piss off the media. The cop was fired, then rehired at another PD.
dupe
No bainer. Law "enforcement" is your enemy unless you're of the elite. Laws are written by the elite, for the benefit of the elite and just because you're not part of the elite, are you breaking their law.
Obeying the law or abiding by the law is already a problem when different laws in place contradict each other. That's not the point. Not getting caught is the deal.
Most agencies are corporations, and most officers are agents of said corporations. They are not servants of the people and haven't been for a very long time.