# A case study in TALKING TO THE POLICE AND HANGING YOURSELF with your own words **URL:** \ **Category:** In My Humble Opinion\ **Created:** [April 3, 2021, 7:22pm UTC](https://boards.straightdope.com/t/a-case-study-in-talking-to-the-police-and-hanging-yourself-with-your-own-words/939341 "2021-04-03T19:22:52Z")\ **Posts on this page:** 20\ **Page:** 9
**Author:** ![Just\_Asking\_Questions](https://avatars.discourse-cdn.com/v4/letter/j/ba9def/32.png) [@Just\_Asking\_Questions](https://boards.straightdope.com/u/Just_Asking_Questions)\ **Post date:** [April 8, 2021, 3:18pm UTC](https://boards.straightdope.com/t/a-case-study-in-talking-to-the-police-and-hanging-yourself-with-your-own-words/939341/161 "2021-04-08T15:18:17Z")
> [@Little\_Nemo](#): > > Guess who just moved from being a witness to being a suspect. I was going to say, so now that you’re a suspect, you thinkn the police will “find” evidence to connect you to the crime? And then I see in a follow up post, that’s exactly what you mean. > [@Little\_Nemo](#): > > once you’re a suspect, the police will look for evidence to connect you to the crime - even if you are not guilty of the crime. So how is that different than, well, anything? Who knows what you might do that is going to make some lazy-ass cop zero in on you? Maybe he doesn’t like your haircut, or your death metal tee shirt. Or your “attitude”. Next thing yoiu know, even if you didn’t call a lawyer, you’re under arrest. Except this time, you probaly helped the police by…not having a lawyer in the beginning. ---
**Author:** ![flurb](https://avatars.discourse-cdn.com/v4/letter/f/51bf81/32.png) [@flurb](https://boards.straightdope.com/u/flurb)\ **Post date:** [April 8, 2021, 3:47pm UTC](https://boards.straightdope.com/t/a-case-study-in-talking-to-the-police-and-hanging-yourself-with-your-own-words/939341/162 "2021-04-08T15:47:56Z")
Discovery. The defense is almost certainly going to be allowed to view any taped interview during discovery. Then the court will have to determine what’s admissible at trial. They’re two separate processes. ---
**Author:** ![flurb](https://avatars.discourse-cdn.com/v4/letter/f/51bf81/32.png) [@flurb](https://boards.straightdope.com/u/flurb)\ **Post date:** [April 8, 2021, 4:06pm UTC](https://boards.straightdope.com/t/a-case-study-in-talking-to-the-police-and-hanging-yourself-with-your-own-words/939341/163 "2021-04-08T16:06:50Z")
> [@Tired\_and\_Cranky](#): > > This is bad advice. The cop needs a warrant to arrest you inside your home but doesn’t need one outside it. This isn’t strictly true. An officer can enter your home and arrest you without a warrant in a number of circumstances, such as if they’re in “hot pursuit” of a suspect, of if they have reason to believe that delaying entry may result in someone being injured or killed or that evidence may be destroyed. And for an officer to arrest you outside, he or she still needs to show probable cause. ---
**Author:** ![Tired\_and\_Cranky](https://avatars.discourse-cdn.com/v4/letter/t/a87d85/32.png) [@Tired\_and\_Cranky](https://boards.straightdope.com/u/Tired_and_Cranky)\ **Post date:** [April 8, 2021, 5:10pm UTC](https://boards.straightdope.com/t/a-case-study-in-talking-to-the-police-and-hanging-yourself-with-your-own-words/939341/164 "2021-04-08T17:10:35Z")
Yes but if exigent circumstances exist, he doesn’t need to ask you to come outside. He can just enter when you open the door and arrest you. If you don’t open the door, he can break in. And yes, in theory, the officer must have probable cause to arrest you outside. But if the officer is wrong, doesn’t have probable cause, and arrests you anyway, you will still go to jail and be booked. You will eventually be released after much avoidable embarrassment, inconvenience, and no small amount of risk, since police custody and jails aren’t particularly safe places. The consequence for the police officer of the wrongful arrest is, for all practical purposes, nothing. But, if you are inside your house, the cop has to go get a warrant and establish probable cause to a judge, who might decide the cop is an idiot and the warrant isn’t justified. Or the cop might just be too lazy to even bother seeking a warrant. ---
**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\ **Post date:** [April 8, 2021, 10:37pm UTC](https://boards.straightdope.com/t/a-case-study-in-talking-to-the-police-and-hanging-yourself-with-your-own-words/939341/165 "2021-04-08T22:37:28Z")
> [@DrDeth](#): > > Additionally, the prosecutor cannot tell the jury that you didn’t talk to police. They can’t even mention it. After _Berguis_ IIRC you actually have to verbally invoke your right to remain silent or it can be held against you. ---
**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\ **Post date:** [April 8, 2021, 10:47pm UTC](https://boards.straightdope.com/t/a-case-study-in-talking-to-the-police-and-hanging-yourself-with-your-own-words/939341/166 "2021-04-08T22:47:27Z")
That’s why I love the Pot Bros recommended answers “I’m not here to discuss my day.” “Am I being detained or am I free to go?” And to those that believe the cop questioning you is being 100% straight-forward with you, watch some videos on youtube and see how often THEY refuse to answer questions like that. Instead they reply with “Why don’t you want to answer my questions?” “Why are you being so defensive?” “Drop the attitude!” “Why don’t you want to help me?” etc. Hmmmn. If you are refusing to answer my question then why should I answer yours? ---
**Author:** ![asahi](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/asahi/32/8693_2.png) [@asahi](https://boards.straightdope.com/u/asahi)\ **Post date:** [April 9, 2021, 12:25am UTC](https://boards.straightdope.com/t/a-case-study-in-talking-to-the-police-and-hanging-yourself-with-your-own-words/939341/167 "2021-04-09T00:25:33Z")
If I were black, brown, or a darker-complexioned immigrant, I’d probably fear the police and would be pretty damn guarded, and justifiably so. Paradoxically, that apprehension is exactly what seems to trigger hypo-gonadist white cops into this “_Obey my authoritay_” reaction, with lots of screaming and guns pointed. But as a white male, I’ve never really felt afraid of the police. To me it seems like common sense: I never feel compelled to hand over my Gmail calendar to a cop or tell him my life story, but if he or she asks me where I’m headed as his running my plates, fuck it, I tell him provided there’s no compelling reason not to. ---
**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\ **Post date:** [April 9, 2021, 4:16am UTC](https://boards.straightdope.com/t/a-case-study-in-talking-to-the-police-and-hanging-yourself-with-your-own-words/939341/168 "2021-04-09T04:16:20Z")
> [@Tired\_and\_Cranky](#): > > **pkbites** is absolutely right. He’s also not mentioning that the police don’t bother to remind people that they are free to leave. They do a good job of making people feel not free to leave. Like, having three cops between the suspect and the closed door to the interview room buried deep inside the station house. The suspect may be free to leave if he asks or even if he just gets up and goes but the police are pretty good at not making them **feel** free to leave. mm, got to be careful with that. Making a person believe they were not free to leave in a manner where a reasonable person would agree they were made to feel not free to leave can create a trick bag later on in relation to statements they made from questioning without Miranda. ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [April 9, 2021, 4:47am UTC](https://boards.straightdope.com/t/a-case-study-in-talking-to-the-police-and-hanging-yourself-with-your-own-words/939341/169 "2021-04-09T04:47:22Z")
Not quite, the fact you didnt say anything cant the fact that you sat like a lump and didnt say anything, then started talking means that talk can be used against you. > **[Berghuis v. Thompkins](https://en.wikipedia.org/wiki/Berghuis_v._Thompkins)** > > Pages for logged out editors learn more > > > Berghuis v. Thompkins, 560 U.S. 370 (2010), is a landmark decision by the Supreme Court of the United States in which the Court considered the position of a suspect who understands their right to remain silent under Miranda v. Arizona and is aware that they have the right to remain silent, but does not explicitly invoke or waive the right. > The Court held that unless and until the suspect actually states that they are relying on their right(s), ... ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [April 9, 2021, 4:52am UTC](https://boards.straightdope.com/t/a-case-study-in-talking-to-the-police-and-hanging-yourself-with-your-own-words/939341/170 "2021-04-09T04:52:37Z")
> [@Tired\_and\_Cranky](#): > > Northern Piper did a good job of explaining the hearsay rule and the exception for statements against interest. He didn’t mention the “party admission” exception to hearsay, which says that an out of court statement by a party in the litigation (such as the defendant) can be admitted into evidence by the other party (i.e., the prosecution) but not by the defendant himself Thanks. I think this may be a difference between Canadian and US law talk. As far as I know, we don’t speak of a “party admission” exception to hearsay, at least not in the rules of criminal evidence. We call it the “admission against interest” exception, which I outlined above. Risks of a furriner trying to talk law down south, I guess. Bound to get something wrong in the translation. 😉 ---
**Author:** ![Kron](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kron/32/12444_2.png) [@Kron](https://boards.straightdope.com/u/Kron)\ **Post date:** [April 9, 2021, 5:21am UTC](https://boards.straightdope.com/t/a-case-study-in-talking-to-the-police-and-hanging-yourself-with-your-own-words/939341/171 "2021-04-09T05:21:31Z")
> [@Saint\_Cad](#): > > watch some videos on youtube and see how often THEY refuse to answer questions like that. Most videos like that (as well as several opinions in this thread) make me think cops should have a little more freedom to utilize tasers on assholes. ---
**Author:** ![LSLGuy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lslguy/32/5813_2.png) [@LSLGuy](https://boards.straightdope.com/u/LSLGuy)\ **Post date:** [April 9, 2021, 4:19pm UTC](https://boards.straightdope.com/t/a-case-study-in-talking-to-the-police-and-hanging-yourself-with-your-own-words/939341/172 "2021-04-09T16:19:48Z")
There’s always the story of this rocket surgeon: > **[Suspect Who Asks About His “Other Murder Case” Is Charged With That One, Too...](https://www.loweringthebar.net/2018/01/defendant-who-asks-about-other-murder-case.html)** ---
**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\ **Post date:** [April 9, 2021, 7:00pm UTC](https://boards.straightdope.com/t/a-case-study-in-talking-to-the-police-and-hanging-yourself-with-your-own-words/939341/173 "2021-04-09T19:00:20Z")
> [@Kron](#): > > Most videos like that (as well as several opinions in this thread) make me think cops should have a little more freedom to utilize tasers on assholes. The point is if I ask a cop the direct question, “Am I free to go.” I deserve a direct answer yes or no. You disagree with that? ---
**Author:** ![BippityBoppityBoo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bippityboppityboo/32/5745_2.png) [@BippityBoppityBoo](https://boards.straightdope.com/u/BippityBoppityBoo)\ **Post date:** [April 9, 2021, 7:04pm UTC](https://boards.straightdope.com/t/a-case-study-in-talking-to-the-police-and-hanging-yourself-with-your-own-words/939341/174 "2021-04-09T19:04:45Z")
> [@Kron](#): > > make me think cops should have a little more freedom to utilize tasers on assholes. I’d prefer we didn’t even mildly joke about that. ---
**Author:** ![Kron](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kron/32/12444_2.png) [@Kron](https://boards.straightdope.com/u/Kron)\ **Post date:** [April 9, 2021, 7:30pm UTC](https://boards.straightdope.com/t/a-case-study-in-talking-to-the-police-and-hanging-yourself-with-your-own-words/939341/175 "2021-04-09T19:30:05Z")
> [@Saint\_Cad](#): > > > [@Kron](#): > > > > Most videos like that (as well as several opinions in this thread) make me think cops should have a little more freedom to utilize tasers on assholes. > > The point is if I ask a cop the direct question, “Am I free to go.” I deserve a direct answer yes or no. You disagree with that? No- I agree that a direct question should be able to receive a direct answer. I’m just anti-asshole in general, and most of those YouTube videos of people recording themselves in confrontations with police are just raw examples of absolute, unapologetic assholery. I’m not exactly “pro-police”; I think our whole policing system needs serious work. But MOST cops are just people that are doing their damn job, the same as any grocery store clerk or fast food worker. And I don’t think ANYBODY needs somebody going all fucking “Karen” on them just for doing their job. ---
**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\ **Post date:** [April 9, 2021, 7:48pm UTC](https://boards.straightdope.com/t/a-case-study-in-talking-to-the-police-and-hanging-yourself-with-your-own-words/939341/176 "2021-04-09T19:48:12Z")
You’re right. I’m thinking of _Salinas_ where > Later, at his trial, prosecutors told jurors that his silence in the face of that question showed that he was guilty, that he knew that the shotgun used to kill the victims was his. > Wikipedia ---
**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\ **Post date:** [April 9, 2021, 7:53pm UTC](https://boards.straightdope.com/t/a-case-study-in-talking-to-the-police-and-hanging-yourself-with-your-own-words/939341/177 "2021-04-09T19:53:05Z")
> [@Kron](#): > > I’m just anti-asshole in general, and most of those YouTube videos of people recording themselves in confrontations with police are just raw examples of absolute, unapologetic assholery. Which ones though re: this thread? The ones which people don’t want to talk to police or open up their windows to give their ID (I smell beer on you, boy!) and instead hold it it to the window or don’t want to consent to the search of their car … all as the cop tries to intimidate them? OR are you talking about the SovCits that are Article IV Travellers ™ or obey natural laws by not creating joinders with the police and scream that cops don’t know their own laws? Because yeah, those I agree with tasing. ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [April 10, 2021, 6:28am UTC](https://boards.straightdope.com/t/a-case-study-in-talking-to-the-police-and-hanging-yourself-with-your-own-words/939341/178 "2021-04-10T06:28:57Z")
> [@Saint\_Cad](#): > > OR are you talking about the SovCits that are Article IV Travellers ™ or obey natural laws by not creating joinders with the police and scream that cops don’t know their own laws? Because yeah, those I agree with tasing. So you want the police to have the power to assault citizens who are assholes? ---
**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\ **Post date:** [April 10, 2021, 2:33pm UTC](https://boards.straightdope.com/t/a-case-study-in-talking-to-the-police-and-hanging-yourself-with-your-own-words/939341/179 "2021-04-10T14:33:44Z")
> [@Northern\_Piper](#): > > So you want the police to have the power to assault citizens who are assholes? I will paraphrase Michael Dukakis when asked about would he support the death penalty if Kitty were raped and killed: There’s a difference between what I would want and what I think should be done. ---
**Author:** ![Kron](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kron/32/12444_2.png) [@Kron](https://boards.straightdope.com/u/Kron)\ **Post date:** [April 10, 2021, 2:45pm UTC](https://boards.straightdope.com/t/a-case-study-in-talking-to-the-police-and-hanging-yourself-with-your-own-words/939341/180 "2021-04-10T14:45:07Z")
> [@Saint\_Cad](#): > > > [@Kron](#): > > > > I’m just anti-asshole in general, and most of those YouTube videos of people recording themselves in confrontations with police are just raw examples of absolute, unapologetic assholery. > > Which ones though re: this thread? The ones which people don’t want to talk to police or open up their windows to give their ID (I smell beer on you, boy!) and instead hold it it to the window or don’t want to consent to the search of their car … all as the cop tries to intimidate them? > > OR are you talking about the SovCits that are Article IV Travellers ™ or obey natural laws by not creating joinders with the police and scream that cops don’t know their own laws? Because yeah, those I agree with tasing. I wasn’t referencing any specific videos from this thread, just the “some videos on youtube”. Especially the “don’t roll down the window while constantly shouting ‘are you detaining me’” variety that seemed to be popular for awhile. [Previous page](https://boards.straightdope.com/t/a-case-study-in-talking-to-the-police-and-hanging-yourself-with-your-own-words/939341.md?page=8) [Next page](https://boards.straightdope.com/t/a-case-study-in-talking-to-the-police-and-hanging-yourself-with-your-own-words/939341.md?page=10)