Thanks. My oldest is 16, but my big concern is that they will be at a party in college when something bad happens.
Let me guess – you’re a white female?
(Now, I’m probably up for flaming)
In* Homicide: A Year on the Killing Streets * David Simon, creator of The Wire, wrote about how Baltimore homicide detectives work. They offer the suspect the chance to “tell his side of the story” before asserting their right to a lawyer. They tell him stuff like:
“Once you up and call for that lawyer, son, we can’t do a damn thing for you. . . . The next authority figure to scan your case will be a tie-wearing, three-piece bloodsucker - a no-nonsense prosecutor from the Violent Crimes Unit . . . And God help you then, son . . . . Now’s the time to speak up . . . because once I walk out of this room any chance you have of telling your side of the story is gone and I gotta write it up the way it looks. . . . And it looks right now like first-degree murder.”
Suspects are cajoled to believe that the detectives care about them, that their crime is not really murder, that the detective believes their story and will go in to bat for them. Once the detective has a confession he leaves and with the other squad members openly laughs at the suspects gullibility. The squad had a saying “crime makes you stupid”.
If it’s not too much of a highjack, I’d be interested to hear some UK perspectives. I’ve had police ask me questions a couple of times but fortunately I was being good at the time, so no issues. I do resent being asked to account for myself or to prove that what I’m smoking really is a cigar, though, and questions like that don’t encourage much politeness in me.
My father was a cop for over 30 years, but I am not in law enforcement.
By listening to my father’s stories, my advice is “volunteer nothing”
Be polite, ask if you’re free to leave. If they say yes, leave. I
One would be surprised at how many people believe you must talk to the police if they start asking you questions. Of the five people I go to lunch with most days, all of them said you had to talk to the police no matter what. Every last one of them believed that if you don’t talk that your silence will say you’re guilty, so does getting a lawyer.
Even when I said getting a lawyer was their right they said they wouldn’t. They also believed that cops wouldn’t lie to them and they could help them out. I couldn’t convince them otherwise.
These are all college educated professional people. I wonder how many people are swayed by TV shows since almost every one of them I’ve seen the person confesses and doesn’t ask for a lawyer. The few times I’ve seen a show where someone asks for one they get told they’re guilty.
I once had a situation where cops asked me about a situation where I exchanged words with another guy in a parking lot. He apparently called the cops and gave them my license plate.
When the cops showed up at my door I thought it would just go away if I cooperated and just explained what happened. While eventually nothing came of the incident, I’m convinced that things would have gone even more quickly and smoothly had I simply identified myself and said I had nothing to say to them. Even tho I am a lawyer, I am not an expert in thespecific law involved, and it turned out some things I said in my attempt to appear honest and reasonable actually provided a basis to prolong things somewhat.
Sorry, I’m not going to discuss this further. But just wanted to elaborate that I have some experience contributing to my firm opinion that the less said to cops the better. Bottomline, they cannot charge you with anything if they do not have sufficient evidence. And pretty much anything you say might constitute evidence to support a charge.
One of my guilty pleasures is watching Cops. I’m consistently amazed at how many people willingly self-incriminate and/or consent to a search of their vehicle or home.
That show will also give you a healthy respect for the incredibly dangerous shit that cops have to do on a daily basis, whether it’s wrestling with a combative suspect, chasing a suspect in the dark through backyards with a million hiding places and spots where the perp could easily turn around and shoot, or knocking on the door of a house where someone with a gun may not be happy to see them. Yikes.
“Good evening sir. Where were you earlier this evening?”
“I dint touch that bitches purse!!”
Part of the reason for that is there’s an agreement the show has with the various police departments they work with. That’s why you never see an episode where the perpetrator gets away - the show agrees that if they film a segment where the perp successfully runs from the cops, it doesn’t air. Likewise, I bet they never air a segment where someone assert their right to silence.
This is great advertising for the police. The perp always gets caught, so why run? The perp always talks, so why stay quiet? The crime is always solved, so why commit one?
I was going to post this but was beaten to it. I don’t know what is contractual, and what is just voluntary editing but cops is propaganda for the police. they rarely have badge heavy assholes or incompetent detective work on that show. nor do they show Miranda, people escaping, etc.
Cool story but in reality, you got lucky. Plus, you were committing a crime that could easily be found out with a breathalyzer. In your case, go ahead and try to talk your way out of it. What do you got to lose?
An innocent person should not be taking the same advice.
Man, you weren’t kidding about leaving right away. Either that, or the cops got to you, I guess.
That is not correct.
This article was specifically for California, but the gist holds true for all states.
I’m curious if there has ever been an instance wherein the LEO asks to search a person’s car, the civilian says no and then the LEO throws his hands up in the air and says “Welp, that’s that, I guess I can’t search their car.” ?
I’ve never known that to actually happen. Has anybody else?
Happened to me. Sobriety check point and I was sober. My jacket, however, had been in a room where friends smoked many bowls over a few hour period while I was helping the bar owner solder water lines. Initial cop got a sniff and had me pull to the detention area. He ran plates, etc.
He asked for permission to search the car (which I knew was clean) and I said no. He told me he could call for a drug dog. I told him to go ahead. Drug dog handler interviewed me before getting the dog out and although he also could smell it he could tell by observing me that I was not high or drunk.
He called the original officer over and gave him shit about waste of resources.
As opposed to…what? Searching your car without your consent and without probable cause?
As the “Busted” video upthread shows, cops can be obnoxious blowhards who may issue vague threats if you refuse to consent to a search, but they can’t search your car without probable cause or consent.
Not really. From the story, it seems like the cops did not actually see him drive, which makes a DUI much harder to prove. If they had arrested him for DUI, there is a pretty good chance he would have taken it to trial and they would have had to testify. Giving him a ride home was probably their way of saving themselves the hassle. They probably could have arrested him for Public Intoxication, or some similar charge, but around here that charge usually gets thrown out, unless the person was being a particular jackass, which it doesn’t sound like Shakes was.
Here are 2 almost identical videos (4 mins each), of a very realistic situation with 3 teenagers in a car.
The kids and the cop are actors, but the scene is realistic and worth watching.
It’s educational.No legal theory from a guy in a suit…this is just a realistic scene, with two different outcomes, showing how typical teenagers should react. It explains your rights, and how to use them properly, when faced with a scary situation.
Compare:
the WRONG way to handle a traffic stop
the RIGHT way to handle the same traffic stop
Whatever you say, say it without attitude. Be polite and respectful. I worked as an auxiliary cop for a couple of years and can tell you that nothing will bring grief faster than being a smart-ass, or copping a belligerent attitude. “I know my rights” is a pointless and provocative thing to say. Only answer the questions asked; do not embellish. If you find yourself being arrested, shut the fuck up immediately and ask for a lawyer; say nothing else, unless it’s to ask for a glass of water.