Don't Talk to the Police - video by law professor

[thedarklurker]

That's a good counterpoint, IGT.
But what if, your other neighbor said "I thought I saw goodmangigabyte in his yard last night" and then they come back and talk to you and you say "I was in my yard two nights ago, raking some leaves".
And they say "Well your neighbor said you were in your yard last night" and you say "Well she must be confused then". They dont have enough to arrest you, or for a search warrant. Maybe you're lying, maybe your neighbor is just plain confused. Unless your neighbor says: I for sure saw goodmangigabyte in his yard last night, I will swear to it on a stack of bibles, the cops have no reason to suspect that you're lying. It's perfectly plausible that witnesses forget things, make mistakes, remember things wrongly.
I just think that there's situations where, if the cops approach you and you say you don't want to talk to them, that might make them more suspicious than if you did talk to them...

You are missing the point. Never talk to the police. Even if you are completely innocent and speak truthfully to them.

Let them be suspicious of you all day. That's not going to put you into jail especially when you didn't do anything. Let them find out themselves through other means that you are innocent.

Telling them anything WILL be used against you. If you do get arrested for something you didn't do and literally all you said to them was "I didn't do anything" they can use your statement and claim you were lying to the police and use it to give you a harder sentence.

 

[thedarklurker]

wouldnt a cop get ticked off if you didnt speak to him, like in the case of a neighborhood burglary?

what exactly would you say when you open the door and the cop starts asking you questions? shut the door on him? i would think that would send a red flag to the cop and then he could probably pull a couple tricks to get you into the case as a suspect, just for not cooperating.

if a cop is willing to put away an innocent mentally ill just because he can put together a good case, why not put away some guy that doesn't cooperate with police and thinks he so smart using the 5th? not saying every cop would do this, but its possible

No, the cop wouldn't be ticked off actually. They get doors slammed in their face all the time. SERIOUSLY. Even if he is ticked off at you SO WHAT. Let him be. Also anytime they talk to anybody regarding any case they are always a suspect.

 

[trademanny]

sticky

 

[Ajunta Pall]

The presetenters in both of those videos are mostly correct, BUT their categorical rejection of ever speaking to police fails to take into account certain situations. If in the past, had I always "taken the 5th" when stopped by police, there is no doubt that I would have been popped multiple times on pot related offenses, as it is, I've yet to ever get into trouble. Sweet talking, cajoling, sympathizing, empathizing, storytelling, joking, etc, etc... can serve one well, in particular if you have not yet been arrested.

Don't you get it dude? They did not arrest you because you "sweet talked" them. They didn't arrest you because they didn't have or find the evidence. Your advice seems to go contrary to what the video says. The reason you don't talk is not only to not inadvertantly implicate yourself, is that if you have a case that goes to trial, the prosecution can't play tapes or have cops testify to all the stupid contradictionary things you say. To the other side, that's a sign that you're guilty, even if you aren't. The less you talk the less the other side can build a case against you.

When you get pulled over (or if a cop asks you a few questions) it's okay to talk to the cop and give answers that are short. If the pig asks you if you have an excuse for speeding. Say no. If the pig asks you where you're going, just tell him the mall. Or going to the grocery store. Don't go into long winded stories.
If a cop asks you where you were last night, ask him why he needs to know. If he says he's investigating a burlgary, then tell him that you didn't do it. Anything else he wants to know, tell him to ask your lawyer.

If you evoke your rights, the cops can't go into court and say "I was on to him the minute he exercised his rights." And they can't investigate you further just based on you not cooperating because you wish your lawyer present.

 

[ItsGrowTime]

Bump for posterity.

 

[green_tea]

double bump...

Sticky this shiz!

 

[Reg Dunlop]

Back in my earlier days,I got aressted for a dui. At the time of my arrest I didn't say anything.They allowed me my phone call to an attorney,which at their discrection was leagal aid,this came after my breathelizer in which I blew well over the leagal limit,unfortuately.After I was released,I contacted the best dui lawyer in that city,and from there he proceeded to push the actual trial date back a full calender year,and at the time it seemed extremley strange to me why my lawyer said what he said to me but just prior to me leaving to the court house he called me on my cell and said and I quote" Don't talk to any one when you arrive to the court house,the arresting officer will be there ,and he will try to talk to you guarrented ,and he'll ask you about the weather ,don't answer! He'll say Hi,don't answer!What ever the cops says to you ignore and walk away.I found this really strange,but what the hell,I'm paying this guy a small fortune,he must knows what he's doing right! So Sure as shit a cop comes to me while I'm looking at the docket and tries to talk to me,I just walked away Well after all was said and done,the charges were dropped,apperently the prosecutor only sent 5-6 pages of my disclosure to my lawyer over that entire year.The prosecutor ended up dropping all charges and that was it,all done!The funny thing about it though,while I was looking at the docket on one side of the court room doors,the prosecutor was reading the same docket on the other side of the doors talking to a junior prosecutor on his cell and I over heard him say,well we have a very interesting case at 1:30 you should get down here,I'd really like you to sit in on this ,it'll be a great learning experience.Well fuck me!!!! My god damn name was right beside the numbers 1:30.To say the least,that scared the shit right outa me! But in the end it all worked out and my lawyer gave me a stern talking to about drinking and driving which I really took to heart!Although I was kinda thinking.... wtf if it wasn't for people like me,you'd be on welfare!!!!! But all in all he was right though. But know that whole conversation over the phone with my lawyer really makes sense after watching that video! Thanks for that!!

 

[HarryNugz]

After a year went by, do you think the cop was there to actually glean incriminating info from you? just curious, what did the cop ask? probably can i help you find something.

 

[Reg Dunlop]

He just asked what my name was and the conversation ended there!

 

[Pythagllio]

...my lawyer said what he said to me but just prior to me leaving to the court house he called me on my cell and said and I quote" Don't talk to any one when you arrive to the court house,the arresting officer will be there ,and he will try to talk to you guarrented ,and he'll ask you about the weather ,don't answer! He'll say Hi,don't answer!What ever the cops says to you ignore and walk away.I found this really strange,but what the hell,I'm paying this guy a small fortune,he must knows what he's doing right! So Sure as shit a cop comes to me while I'm looking at the docket and tries to talk to me,I just walked away

Back in 1989 I got a well deserved speeding ticket. However I was also cited under the then new seatbelt laws which pissed me off. Since I worked swing shift at the time I decided to go and protest the seatbelt violation. Went ahead and pled not guilty to the speeding as well, what the heck. Man I had some good hashish that day. As I was sitting in the courtroom stoned to the bejeezus belt I overheard the cop tell another cop that his radar had not calibrated right that day. They made me sit all day while they took the people pleading guilty first. At the luch break the prosecutor (small town, yes they had a prosecuter for speeding tickets lol) approached me and told me something to the effect that he was feeling generous and would let me plead to a lesser offense. "How fast do you think you were going in that 25 mph zone". I could tell he was pissed when I said "Sir, I was doing precisely 25 mph". Judge called the case, the prosecutor dropped the speeding ticket and still worked the seatbelt charge which I also beat. That, the prosecutor being pissed at my response, and the hashish made that day a very good day indeed.

No not a DUI but another data point supporting the thesis that they only talk to you to get you to incriminate yourself.

 

[Lifebreather]

Great thread, very important topic.

I have a very high paid lawyer. He has informed me to never talk to the police, save for the circumstances where you have to relinquish your I.D. to them. I got a DUI and refused all tests. My lawyer asked me if I blew and I said "no, but now they are going to suspend my license."

My lawyer informed me that they can only notify the DMV, and then the DMV suspends the license. What I didn't know, was that the DMV (at least in Oregon) has its own courts and judges and everything. My lawyer then made an appointment to fight the suspension--which I won. (Granted, it did cost another $1k for this DMV court appointment.)

I later went on to win the criminal case as well, because they had NO evidence against me. I didn't blow and I refused all tests and did not talk to the LEO for the remainder of the arrest.

I can't say that this method will work in all states, but it sure did here. It did cost me a pretty penny--but not as much as the diversion classes, insurance hike, and fines would have cost me in the end.

 

[2stoge]

Never talk to the police! Ever. Great thread, I think everyone should view this before even concidering growing.

 

[dontstepongrass]

...don't talk to police!

 

[ItsGrowTime]

bump for new growers and growers new to IC.

MUST WATCH

 

[SmokyMtnToker]

Wrong! hearsay is when you allege that someone ELSE told you something. If you witness an event, you CAN testify directly as to whay you saw and heard. However, in court you cannot say:" Well, I didn't see it myself, but Bubba told me.." THAT is hearsay because Bubba is not present to substantiate your testimony.

I have been in court many times, and on the stand many times. I know what hearsay is.

Here is the definition from the books:


1. Unverified information heard or received from another; rumor.
2. Law Evidence based on the reports of others rather than the personal knowledge of a witness and therefore generally not admissible as testimony.

It is NOT hearsay to report what YOu have seen or witnessed...it IS hearsay to say that someone ELSE told you something. It is an allegation and not an actual observation.

Testimony is what YOU saw or heard or did....hearsay is what someone ELSE told you they saw or heard or did...Got it?

 

[ItsGrowTime]

Surely you're not arguing with a law professor about the definition of "hearsay" in a criminal case?

Your last sentence is exactly why the cop can't testify about what you said at your request. What the suspect is telling the cop is "2nd hand" information. The cop can use that info against you. But if the cop is saying "He told me he wasn't there" then it's hearsay because the cop didn't witness whether you were there or not. There must be evidence in the record that corroborates that you were there. He's only stating what you told him about something he wasn't present for. That's hearsay when you are the defendant. Anything you say can be used AGAINST you. But not for you. It's a hard principle to explain in written words.

Here's a long, detailed write-up on hearsay. It's no where near as cut and dry as you make it out to be.

http://www.apsu.edu/oconnort/3020/3020lect07.htm

 

[JustBlazed]

Lifebreather that was an good story. In California for a 1st DUI conviction you get
* $1200 fine.
* 3 years probation (informal - no probation officer).
* 3-5 days sheriff work alternative program (picking up trash, cleaning buses, etc.) OR
* 90 license restriction (to start AFTER 4 months DMV suspension is over).
* First Offender School (3/4 months long).

This is in addition to the four months immediate DMV suspension that starts 30 days after your driving under the influence stop.a very steep sentence.
Knowing that if I just refuse every test they give me and just give a ring to my lawyer I end up around 3k down or a little more makes me sleep better at night.
I am not promoting driving under the influence in any way. I use to work valet and one of my co-workers got 3 yrs(w/o probation) for a DUI and vehicular manslaughter. He fucked up big time, he was going home from a holiday party(not work) and drove up a exit ramp onto the wrong side of the highway. He crashed head on to a limo with a newly-wed couple and killed both of them. He was with his mom at the time, they both lived as well as the driver, the driver(co-worker) broke both his legs. I think he got the right penalty for what he did. Another friend crashed his car into a parked car and broke his girlfriend neck, luckily she was not paralyzed . The cops wanted to put attempted murder charges on him, his gf had been with him for 5yrs. She ended up fine after a couple of months and the family did not pursue the charges but if she would have been paralyzed that would have been a different story. He ended up getting 2 months in jail but got to go weekends and since a corrections officer was our friend he got solitary for 2 days at a time. Now one might look at these situations and say these guys should rot in jail(Primarily the first example) but think about it, you fucked up one time for around probably 15-30 minutes maybe less and it cost you big time, but what does it help anyone if what you did was an accident or negligent?

 

[barnyard]

good video although "silence" can also cause more suspicion with the police

Its going to be odd, and difficult, to say nothing to the police during a traffic stop (how most of us encounter the police). Also keep in mind the police have the right to ask why you're "out and about", i.e, where you're going and where you've been.

One strategy is to be respectful and sincere and answer a question with a question or pose questions to the officer. Also keep in mind that your tone and manner communicate as much content as your spoken word.

some examples:

when first approached by the officer during a traffic stop you ask, "how may I help you officer?"

when asked where are you going ask, "is there a problem officer?"

when questioned by the police if there's any contraband in the car/have you been drinking etc. etc., ask, "why do you ask officer?"

When asked for your driver's license and registration ask, "am I being detained?"

This strategy provides no information and puts the burden of information on the police. It makes you appear concerned and cooperative w/out raising suspicion that silence may cause.

 

[Verite]

JB, Its called being responsible for your mistakes. No one learns anything if not held accountable for them.

 

[snowman06]

shit what I found interisting is what ever you say can been used against you but can never help you cause it can be considered hersay. sounds like good old VA for you fuck my state!!!!!!!!!