Thanks!
Darn, I quoted you because I wanted to say, “Monty is right.” I don’t know how I missed doing so. Sorry!
Thinking you can outsmart the cop is one thing, but people often don’t realize that they don’t have to. There is an innate compulsion to allay the officer’s suspicions or avoid disappointing him - and people often end up volunteering evidence in the process of attempting to do so. The officer may believe you’re hiding something if you don’t consent to a vehicle search or tell him what’s in your car trunk, or tell him why you were driving through a known drug activity area late on a Saturday night, but that’s absolutely fine. He can’t lay charges on you unless he has actual evidence, so don’t give it to him.
“Do you mind if I just take a look through your car real quick?”
“Actually, I do mind, I’m not going to consent to a search.”
“Is there a particular reason? Cuz now it seems like you’re trying to hide something.”
“I just place a high value on my privacy.”
The officer may repeat his request for a reason, and you can just give him the same answer until he gets tired. The same answers (“I’m not going to answer that/ I value my privacy”) work if the officer is requesting information about where you’ve been, where you’re going, or what you’re up to.
That’s covered by “I’m not saying there aren’t arguments against”. Picking people convicted on false confessions, or at least presenting ones examples as ones that could be false confessions, as examples would be a good approach to arguing this point. Saying “This actual murderer could have gone free” is only going to sound convincing to the already converted to the church of “never talk to cops”.
I should have heeded this advice the time I answered the doorbell to find a sheriff’s deputy, who wanted to know if he could borrow a screwdriver to remove the door of a refrigerator a neighbor had left out at the curb.
“Yes, I’m Mr. Jackmannii. Anything more than that and I’ll have to consult my lawyer.”
IT’S ALSO WHY U SHOULD NEVER KILL ANYONE.
Just GO FOR A WALK.
Do some YOGA!
Keep calm.
IMHO at least half of the guilty people I interview try to con talk their way out of it because they truly believe they’re smarter than me, know something about everything, etc… I’m talking about serious crimes, not someone getting tagged for some petty offense. One would think an experience criminal would lawyer up immediately but most don’t, emboldening my belief that they think they’re smarter than everyone else. A lot of long term bad guys have a very high opinion of themselves.
If you wanted to be a nice guy, you could ask the cop to wait outside while you fetched the screwdriver.
Many people are inclined to cooperate w/ cops. Others acquiesce b/c they are intimidated by cops. But if a cop rings your doorbell - IF you decide to talk to them, you might well want to step outside and close the door behind you. You may not even know what in your home you think innocuous, but might be some violation of some statute. Once you invite the cop in, he/she can write you up for anything in plain sight.
But…he could have busted me for possessing burglar’s tools!
I’d tell him he should have planned ahead, and his failure to properly prepare doesn’t mean he can freeload off the public. If I did give him one, I’d make him sign a waiver of liability so he can’t sue me when he stabs himself in the hand.
In theory, this is fine. In practice, let’s be honest; being obstinate and insisting on your rights can get you in a shitload of trouble. It’s fine to say that in theory such evidence would end up being thrown out, and sometimes - maybe most of the time - the cop will reluctantly accept your rights exist and let you go.
In PRACTICE, however, insisting on your right will often get you arrested if you’re lucky, or if you’re less lucky the cop will beat the shit out of you. That’s just real life, and if the cop seems belligerent, it’s perfectly logical to decide that your best bet is to let him do what he wants. The calculus of each situation is different, but it might be perfectly rational to accept having your rights slightly violated and avoiding a 50% chance of being arrested or severely injured.
And/or a tenuous connection with reality.
Every now and then justice prevails. In 2018 Milwaukee police tased a guy over a parking violation. He sued, and the city offered a $400K settlement, but refused to acknowledge wrongdoing. As it turned out, the victim was NBA Bucks player Sterling Brown, who had the resources to pursue what he really wanted - a bigger settlement, and a real admission of wrongdoing from the city.
The entire confrontation was captured on police body cams and can be seen here:
Not as a witness.
And yes, giving testimony as a witness is a important public duty.
Yes, if they are getting aggressive towards you as w witness or if they ask any unrelated question or if they read you your rights, stop talking.
Do note that is a TV show, not real life.
I grew up in Suburban “Eisenhower’s America” where Mr. Policeman’s your friend.
And I also grew up wanting to help everyone, and wanting everyone to be impressed by my great attitude.
Given all that, I’m afraid that, even though I know I shouldn’t, under the stress of being questioned by a cop… yeah, I’d start running off at the mouth.
…
Yeah, this’ll have to be my number one strategy. Thanks for the solid advice.
No, that’s what the cop who’s questioning you wants you to believe.
The reality is when the cop says, “This is your opportunity to tell YOUR side of the story. Once I leave this room, I can’t help you.” and you start blabbing - THEN you are in a shitload of trouble.
Let’s ask pkbites and other LEOs. A suspect says they are invoking their 5th amendment right and want a lawyer (human not dog). What do you do? Is it different if you are at their door or if they are in custody? Do you continue to try to get them to “help” you of does that one statement from the person close the door on questioning?
Um, it’s indisputably true. Do you honestly think people don’t get harassed and beaten by cops for not obeying them?
I don’t think you’ll meet many cops who will ADMIT to doing illegal things.
All the time, but I’d rather get beaten for standing on my rights and hope it’s filmed than got to prison for a crime I didn’t commit.
Now you tell me.