This presumes you are a suspect. Cops ask for witness statements all the time from people who are not suspects, and their job would be pretty difficult if no-one ever volunteered any information. Leading to the conclusion that criminals would largely go uncaught, which is highly undesireable for those who are not criminals.
Remember the OP and in my post I am being interrogated and asked for an alibi. Why should I think that I’m not a suspect or person of interest? This is not a thread about the cops investigating a string of burglaries and going door-to-door asking if you’ve seen any suspicious cars people around.
If I’m being asked for alibi or questioned beyond basic information then I am shutting the fuck up and if that makes your job harder, well that’s too bad. I don’t think I should have to give up my constitutional rights especially if (and this is the key point) nothing I say will help me in any way, shape or form.
Hey, nobody’s saying you can’t stand on your rights. And I think most of us agree that there are situations where shutting the f*ck up is certainly your best option (like I said, once you’re arrested, you’re probably in one of those situations).
But the OP did ask if it could ever help to voluntarily give an alibi to the police. And we got a reply from a prosecutor saying “Sure, I’ve ruled out lots of people as suspects because of what they said to investigators” (I assume there was some checking out of their statements of course, but they can’t check out an alibi until they know what it is). And I submit that if you speak up to cops and therefore avoid being arrested in the first place, it is pretty definitely helping you.
On the ‘if you are being interrogated and asked for an alibi’ point, we agree - talk to your lawyer and do what he or she says.
However, the issue has been raised about talking to the police more generally, and you at least have engaged in that broader discussion. For example, I said:
Then you said:
If all you were interested in was the alibi situation and not the more general issue, why the sarcastic rolleyes here? The impression is that you don’t agree with the point I’m making.
I used the eyerolls 'cause it looked the most innocent.
Maybe 
would have been better as in “He was shot execution style?” to make the cops totally not suspect you.
No, I am saying that it is impossible to effectively police without the cooperation of the public. Not in a free society. The vast majority of police/public interactions are not suspect interviews.
If you are being interrogated and had your rights read to you I agree, consult an attorney. If that is all you are saying that’s fine. But then you are not communicating effectively since at least several of us believe you are taking it further.
I generally agree with your position except to where it seems that you say you NEVER talk to the cops. In your example when a cop knocks on your door about the string of burglaries and asks for suspicious cars around. Would you tell him or invoke your 5th amendment right?
IOW, does “never” mean absolutely never? If you pass a cop on the street and he says “Good morning” do you ignore him for fear of self-incrimination? I’m not being snarky, but surely there are exceptions.
Once again in the context of the OP, never means never while in custody or being interrogated.
Even if you are a suspect, the advice of never answering questions can be wrong.
Let’s say somebody is found murdered in their home. Several people recall that the victim and I had a serious argument the day before he was murdered. The police, legitimately, bring me in for questioning.
Now I have an iron-clad alibi. Immediately after the argument, I flew out of the country and I have numerous witnesses who can testify that I was thousands of miles away when the crime occurred.
Can you think of any reason I shouldn’t tell this to the police? I’m innocent and I have evidence to prove it. Why shouldn’t I tell the police about that evidence?
What you do is get your lawyer, hand over the ticket stub, any reciepts you might have, and the list of people who you met with and let the lawyer talk to the police. NEVER EVER HAND THE ORIGINALS OVER TO THE POLICE, ONLY TO YOUR LAWYER WITH INSTRUCTIONS TO HAND OVER COPIES. Evidence is not unknown to go missing while in police custody.
In Singapore (parsing from memory) - you don’t have to testify in your own defense, but the judge (no jury here) is allowed to draw inferences from your refusal to testify.
Further you can be held without access to your lawyer for (I think) 72 hours - and be required to answer questions during that time
Where were you between six and seven?
First grade.
Call a lawyer. The lawyer will in all likelihood get verification from these witnesses before coming to the station. The lawyer can show this information to the chief/sergeant/ the person in charge. The lawyer knows the person who can get you out of the interrogation room the quickest.
If you decide you have nothing to lose and go at it solo, several bad things can happen. The most serious is that maybe the time your plane flight left gave you enough time to commit the murder before leaving the country, making your escape from U.S. jurisdiction MORE evidence of your guilt.
Plus, without a lawyer helping you, you might be under an 18 hour interrogation with the police trying to get you to confess, playing the good cop/bad cop role and possibly getting you to falsely confess (It happens very often as) these interrogations are severe strains on the psyche.) When you are locked up for a couple of days before (hopefully) being released, you can’t contact these alibi witnesses.
The lawyer can see things from an outside perspective. He won’t be spending the night in jail or charged with a crime. He can objectively assess everything and chart the best course of action, which admittedly in your hypothetical will probably be to sit down and tell the police your alibi. But maybe not.
Always remember Richard Jewell, the guy that was first accused of the Olympic Bombing. They ran his name through the mud for weeks, destroyed his house and everything, and the ONLY evidence they had against him was that he had helped sorority members escape from a fire years earlier.
As much as I agree with Loach about community policing and being helpful, once they turn their investigation to ME, they are barking up the wrong tree, and I sure as shit aren’t helping them put me in prison.
18 hour interrogations can not happen without your consent. Part of Miranda is you can exercise your rights at any time. So you can present your alibi, answer those questions you wish, then say you wish to remain silent or you want a lawyer. Anything after that would be inadmissible.
Not saying you shouldn’t get a lawyer.
Let’s change this just a tiny bit. Instead of the cops ‘bringing you in for questioning’, let’s say Briscoe and Green just show up at your house and start asking questions in a mildly accusatory tone.
Do you say “Guys, I think you’re barking up the wrong tree. I flew out of the country the day we argued – I could dig up the flight number if you want-- and I’ll give you the names of people who met me in Brussels the day of the murder.”
or do you really say “I have nothing to say to you except through my lawyer. Get the f*ck out of my house or arrest me.” ?
Because IMO the chance of the first option backfiring on you somehow is very small, while the chance of the second one leading to a bunch of inconvenience and cost is significant. Yes, if they just show up for a chat, they probably don’t have enough evidence to arrest you at that point, but a) maybe they were right at the edge and your refusal to talk pushed them into ‘yeah we’ll just go ahead and take him in’; or b) maybe there is some other circumstantial evidence out that they’ll find if they keep digging and that would be enough to arrest you. Sure, in either case once your lawyer gives them your alibi, you’re released, but only after getting arrested and running up legal bills.
Another point being that the thing that will really exonerate you is the arrest of the real murderer. So it’s your interest for the police to get off your trail and get back to looking for other suspects as quickly as possible. The more time you spend delaying the investigation by your refusal to cooperate. the greater the chance the real criminal will get away.
One final point is a reality check. Despite all this misguided advice, the reality is most innocent people do not “fight” the police. There’s the cliche about how asking for a lawyer is something only guilty people do - and like all cliches, there’s a good element of truth in it. An innocent person would generally immediately tell the police his alibi. A guilty person trying to look innocent will refuse to talk, ask for a lawyer, and then release the information about his alibi through his lawyer. The police are more likely to give a cursory check of the first alibi and move on to somebody else while they’ll go over the second alibi and see if they can poke holes in it.
I understand this not to be possible. The condition for arrest is probable cause to believe that you have committed the crime and refusing to talk can not be taken as additional evidence of anything. So if they did not already have probable cause, they won’t after you tell them you’re not talking.
If they did already have probable cause, then they were probably going to arrest you anyway. Your alibi will be checked out (anyone can say they were in Brussels and point to a flight number), but you’ll be at the station while they’re doing it.
Maybe, but they still need a warrant to search you or your house, since you’ve explicitly denied them permission to do so. Other places they could find evidence, they could have searched even before they knocked on your door.
I don’t take as hard a line on “don’t talk to the police” as the video does, but I still think it’s a rare case that you convince an officer at your door who has decided to arrest you not to. It’s probably less rare that you convince a officer to arrest you when he hadn’t wanted to before, but unless the body is in plain sight or you punch him, it’s still rare.
I see the options as a complete 180 as to how you see them. The first option could potentially see you railroaded into a lethal injection just because you want to get the cops off of your back for the next day or two. The second option has some minor (compared to a lethal injection) costs of hiring an attorney (but, really how many times in your life are you asked to provide an alibi?) but you insure that your true story is presented to the police in the manner that you want to provide it, and most importantly, during your telling of your story, your attorney is sitting there to cut off the interview if they start the good cop/bad job, 18 hour interrogation.
First option: Potentially Huge downside resulting in a lethal injection
Second option: A bill for two hours of attorney time.
Lol.
The only speeding ticket I ever received in my life was going 59 in a 55 mph zone.
Highway patrol pulled me over…did the whole do you know how fast you were going thing. I was confused because I didn’t think I was speeding.
He says - “You were going 59”
59??? I ask
Yes, 59.
The Speed limit is 55 here right?
Correct
{I just couldn’t resist…just couldn’t keep my big mouth shut}
“Busy Night”? I ask?
Being a smart alec to a cop is not a good thing and I shouldn’t have done it. I got off lucky just getting a ticket.
That may be true but then again, no one ever lost money betting on the stupidity of the average American. Mrs. Cad does interrogations at her work and has a 100% success rate? Why? Most people are idiots and try to explain themselves and are stupid. I know you think you are being smart when you tell the police, “I was in Bermuda when that happened.” but if you watch the video, you’ll realize why that does not help. Paradoxically an alibi can hurt you. I watch investigation shows all the time and if there is a suspect, an alibi doesn’t help you one bit. They suspect that you set it up to give yourself an alibi or someone is lying. I remember one where the suspect had a movie ticket and the detective assumed they were guilty BECAUSE of the movie ticket. I mean, who holds on to movie tickets? Well I do because I may not clean out the pockets of my jeans and throw it away that night. So Sunday morning the police come and question me about Anticad’s murder and I say, “I was at the movies, here’s my ticket.” not only will that not exhonerate me but will make me appear more suspicious like I was manufacturing an alibi.
So once again, if a suspect or being questioned - NOTHING you tell po po joe will help and can only hurt you. There’s a reason Loach wants you to talk while “interviewing” you. They want to catch you in a lie or you to say something stupid.
The tricky part (and why I’m moving towards never talk to cops at all ever about anything) is with Salinas is that an interview could start out innocently enough so I don’t realize I’m a suspect. Questions like:
Did you notice anything strange that night?
Did you hear any unusual noise? (I didn’t but there was a gunshot, surely Loach thinks I must have heard that. I must be lying)
Did you know the victim well?
I answer the questions to help the police out and now they ask:
Did you kill Anticad?
Realizing that I’m now a suspect, I have to proactively say I am invoking my 5th Amendment rights. If I just refuse to answer it can be used as evidence against me. Not quite never talk to cops but thanks to *Salinas *you have to be damned careful.