Opinions on how to talk to the police

In My Humble Opinion
1

This thread got me thinking again about the right way to talk to the police if you find yourself being questioned.

You are not my lawyer and I’m not looking for legal advice. I do not need answer fast. I’d like to make sure I know, and my kids know, the best way to both protect yourself from future accusations, avoid being taken in, avoid spending the night cooling our heels waiting for legal representation.

So, Bricker, Kimmy Gibbler, Hamlet, and the other lawyers (and current/former police officers (pkbites, maybe?)), what should we do?

Let’s say we’re at a party and something bad happens and the police show up and start asking us questions – how should we respond?

Let’s say we’re driving and get pulled over and the police start asking questions about what’s in the car, in the trunk, whatever – what should we do?

Do these answers change whether we’ve done something or not? Whether we have something bad in the car or not?

Thanks for your not-my-lawyer opinions.

2

"Sorry officer, I will not discuss the contents of of my vehicle with you. "

Do you mind if I search your vehicle?

“Sorry officer, I will not give you permission to search my vehicle.”

If he’s already got probable cause to search your vehicle (e.g. he sees half a joint on the floor), then he doesn’t need your permission to search; giving permission won’t help you, and if his probable cause is later found to be bullshit, then your refusal means any other evidence gathered in his search will not be admissible in court.

IANAL, but IMHO, no. Same answers always. You’re not denying anything (i.e. lying), you’re just not admitting anything. You don’t have to hand them the evidence with which to convict you.

3

I feel like the Professor and Mary Ann must have felt when the theme song went “…and the rest!” :smiley:

4

Heh. Sorry about that. Also, apologies to Ravenman, …and the rest!

So, with my most sincere apologies, do you have not-my-lawyer advice?

5

Practice. If you had some adult beverages and you’re not doing anything illegal, like driving or cutting the heads off parking meters, just say so when they ask. Cops have cop noses, so you’re not doing anyone any favors by playing games.

Be polite to a fault.

If you have to reach into your pocket to get something or even you want to rest your hands on your hips, ask permission or say what you’re doing.

I never had a cop ask to search anything, but I’d say “I’d rather you didn’t right now, sir, no hard feelings,” or whatever fits in with the “conversation” you’re having with them right now.

IME they’re just mostly regular people trying to get done with their interview. When you’re driving a motor vehicle, just be straight, keep your hands out, and ask permission before you do anything.

There’s no cite behind any of this, just years of experience and being friends/family with a number of LEOs.

6

A law professor and former criminal defense attorney speaks.

7

I’d give a stronger “no” than that.

8

i’m not going to watch that entire 45 minute video that was posted, but i agree with the title. the best way to talk to police? don’t.

9

Long Distance.

10

IANAL, so don’t take any of this as official doctrine. But I believe this is the progression:

encounter
↓
reasonable articulable suspicion (RAS) and detainment
↓
probable cause (PC) and arrest
Any LEO, at any time and for any reason, can have an encounter with you; they don’t need RAS or PC to simply approach you and ask you a question. This is pretty much true for any person, not just LEOs.

If the LEO has RAS that you have committed a crime, but not PC that you have committed a crime, the LEO is allowed to detain you for a “reasonable” amount of time (up to an hour or so). During the time you are detained, the LEO will try to gather more evidence in an effort to turn RAS into PC. If the LEO can find PC you have committed a crime, you will be arrested and taken in. If the LEO can’t find PC you have committed a crime within a reasonable period of time, the detainment must end and you will be free to go.

The biggest problem is that you often do not know if it is an encounter or if you’re being detained. To determine whether it’s an encounter or detainment, you should ask the LEO, “Am I being detained?” and/or “Am I free to go?” These two questions are more-or-less equivalent, since you are not free to go if you are being detained, obviously. With that said, I prefer the latter.

If you are being detained, you should not answer questions. Every ten minutes or so you should ask, “Am I free to go?” to determine if the detainment has ended or not. If the detainment has ended, leave the scene ASAP.

If the LEO has PC you have committed a crime and arrests you, you should invoke your 5th Amendment rights, tell them you will not answer any questions, and demand to speak with your lawyer.

11

It’s funny, but I just now got done watching that. It’s pretty informative.

Thanks! This is actually quite a helpful summary of the above video.

It’s still pretty scary. I don’t know how I would get my kids to really understand the above. They would be pretty nervous if they are getting interviewed by the police (as would I), and I worry they would get themselves into hot water.

12

The video is actually pretty good, at least the first half where the professor is talking. Informative and interesting.

13

How old are your kids? If they’re minors, the police can’t question them without a parent or lawyer present. Here’s another good video to have your kids watch. It’s not in lecture mode like the other one (I like the other one a lot but some people aren’t into listening to lectures).

14

Its best not to cooperate with the police if they are trying to inspect your personal affects, and especially if you’ve committed a crime. If you’ve committed a crime, my understanding is it is best to get away ASAP, not answer any questions and lawyer up. All communication should take place between your attorney and the police.

I knew someone who had a small amount of GHB in his trunk. The police asked if they could search his car, he said yes and they found it. They arrested him on trafficking an illegal substance, the guy didn’t even know he was breaking the law. So you may not even know you are breaking the law.

Cops will pretend to be your friend, pretend to hate you, try to make you hopeless about your situation, and do whatever it takes to get you to give up your rights and/or give them info to help them make an arrest so they can take the info to the prosecutor, and he can bring a strong enough case to make it a plea bargain instead of taking it to trial.

One thing I don’t get is how cops got a reputation for being trustworthy. Cops get lied to constantly, but they lie to people a lot too. IMO, police officers can be some of the least trustworthy people out there. It doesn’t mean they don’t serve a useful function, but it is what it is.

15

This is pretty good too.

16

I’m not sure where you are at, but get them down near the border and keep going through the internal Border Patrol checkpoints. You get pretty comfortable telling somebody in a uniform with a gun to go fuck themselves, when they are trying to question you or asking to search your vehicle.

17

You know, I’ve heard all these “Lawyer” savvy tips before, yet, from what I’ve witnessed, it rarely turns out well for the civilian.

Honestly, just kill them with both kindness and honesty.

Case in point: (Flame me if you must)

I pull my truck into a 7-11. I’ve had too much to drink. I walk into the store and there are two LEOs in the store. I ask the cashier for a pack of cigs. The problem was, I was slurring my words.

On the way out the door, the two LEOs stop me. After checking my DL and insurance, they start with the usual questions:

Cop: How much have you had to drink tonight?

Me: More than enough

Cop: OK sir, here’s what I would like you to do, stand on one foot and count to…

Me: With all due respect, you can just go ahead and take me to jail.

Cop; [LOL] You want us to take you to jail?

Me: Well, it’s not like I’m gonna fool you guys. You know I’m drunk.

Cop: Where do you live?

Me: Two miles down that way. I don’t mind walking

Cop: That’s alright, we’ll give you a ride home. But if we catch you back out here tonight, you’re going to jail.

Me: Thank you sir! … Uh… can I grab that six pack I have in my truck?

Cop: [sigh… shakes head] yeah, go ahead…

Somehow, I get the feeling if I tried some of that passive aggressive bull shit others are suggesting upthread, I don’t think my night would have turned out so well.

My kindness technique has worked on more than one occasion.

18

Cite please.

19

Be polite, cooperate fully, but say as little as possible. Do not expect honesty and openness to be rewarded. And do not expect that you will be able to reason with him. The cop has no duty to be open and honest with you. You do not know what he is going tl do with anything you say or do. The less you say, the less evidence they would have should they press charges.

20

Chris Rock’s sage advice: