You aren’t my lawyer and this is entirely hypothetical!
Imagine you’ve killed a police officer or two in self-defence - perhaps they barged into your house thinking it was the drug dealer who lives next door. Whatever. The exact scenario is irrelevant. You’re living and they’re dead. The still-living police are probably going to want to detain you. Now, in such a case, I really wouldn’t trust the police, even another branch of the police. Can you refuse to be detained by the police? Can you demand to be detained somewhere else?
Well you could make sure you turn yourself in to a different law enforcement agency than the one with the guys you killed but there is no way to stay away from the criminal justice system. You have to be arrested by the police. You have to be processed by the police. You will have to stay within the corrections department unless bailed out. What did you have in mind?
I’m wondering if there is an alternative. You’re now in a position where the police, if you were to surrender to them, would have every opportunity to fit you up. Unfortunately the reputation of the police for probity is not what it used to be. So, if there were an alternative, would it not make sense to avail oneself of it?
This probably isn’t what you’re looking for, and if so I do apologize.
But given your scenario, with the news-worthiness that would accompany it, I would suggest what I’ve seen on the news: Have your lawyer arrange for your surrender with all the attendant news folk there to record it.
Not exactly what I think you are looking for. I’d guess that you might be able to surrender to a “superior” police force (like if you’d wasted city cops, maybe surrendering to the state police or something), but this is guessing on my part and we’re in GQ I know. However, I do know that some police units’ jurisdiction is superior to, or overrides, others, I just don’t know which or how that works.
There was a case not too long ago where someone turned themselves into the mayor of Newark. He of course had the police with him and they took custody. Did you expect him to keep the murder suspect in his basement?
These days it’s much harder for police to work you over, with cameras everywhere in and around the relevant buildings and vehicles. Obviously I can’t give cites, but I would definitely say cop-killers have it much easier these days with regards to punishment “off the books.”
In sizable American cities, I think the courthouse security staff and local corrections officers typically would be their own services, separate from the local police. Conceivably your lawyer could arrange for you to surrender directly to courthouse security and be remanded directly to the local jail if bail is denied. Those officers presumably won’t like you much either, but at least they’re not the same agency.
In smaller jurisdictions, a sheriff’s office might perform all of these functions, though.
My first suggestion would be to make sure there were plenty of cameras around recording your peaceful surrender to whatever authority.
But if you were really in fear of turning yourself in to the local LEOs you might see if surrendering to the FBI or federal marshals would be an option.
And they would immediately turn you over to the department where the incident occured. Feds would have no jurisdiction and would not hold on to someone because of the feelings of the murder suspect.
I suppose if you could get over the border, you could turn yourself in to a foreign country’s police. Most nations have extradition treaties, so you’ll be sent back eventually for trial, but you’ll gain a little time to let things cool down, and the country you surrendered in will have at least some interest in seeing you not killed/mutilated by police in the country they’re extraditing you to. Depending on the particular countries’ relationship, they might not send you back at all, particularly if you can make a persuasive case that you’re in real danger (though you’d probably have to have a really good justification for cop-killing…).
Does anyone know how long extradition takes between U.S. states? Is it completely automatic, or would you have a chance to tell the Massachusetts governor that Oklahoma is framing you?
True, but this has you passing through a relatively neutral third party who would confirm that you were healthy and cooperative when you entered into custody. Or they could arrange for you to be held in another jurisdiction if you made a convincing enough argument that you would be in jeopardy where you were being sought.
They have no jurisdiction to hold you or to move you to another jurisdiction. None. State or local charges, state or local justice system. Any safe passage that you may feel you could get would be same or better if you went through a community leader and made sure there were cameras there when you gave up.
Commit a federal crime. Buy stamps at the post office with counterfit bills perhaps. Surrender to the FBI. Confess to the post office scam. Deny all knowledge of the murdered cops. The feds have a legitimate reason to hold you. You are tried in federal court, sentanced to a federal prison, and by the time the feds are ready to hand you ever to the locals the only cops who remember you are retired.
I all seriousness I think the previous posters are largely correct. The wisest course of action would be to get the best lawyer you can afford (or find one who will handle the case for free for the publicity) contact the local press, and make a very public surrender with cameras rolling. Make sure your lawyer suggests on television his concerns for your safety. Even if the cops wanted to kill you they would be hesitant if they thought they would get caught.
Deny all that you like, if they know they kicked in your door and you shot them you can deny to your hearts content. Based on my own experiances “I didn’t do anything” isn’t the most persuasive statement one can make to a cop.