Interesting video, if you have a half hour or so to spare.
I watched part 1 and 2. There was a question i had regarding getting pulled over for whatever reason. If the officer asks you something like “Do you know how fast you were going?” or “Do you know why i pulled you over?”, should i just pretend to be deaf? Shake my head? Motion that my lips are sealed? Or just say “I swear the 5th.”
Man! That guy talks fast.
I learned a few things, though. Thanks for the link.
I watched that and he means don’t talk to the police if your are or might be accused of a crime. But my question is, should you talk to the police if you are a witness or know something that might be important?
I’ve seen that video, and it’s excellent advice. I wouldn’t think that he was referring to totally uninolved witness types, but if there was even a sniff that you were a suspect, or if you personally had reason to believe you might be (if, for instance, you were the spouse of a missing person), I would say not one word to the police other than “I want a lawyer.”
I guess it’s implicit in what he’s saying that you should not (without legal representation), because you might later become a suspect.
The bit about police-recorded statements being regarded as hearsay if they’re called for by defence struck me as interesting - can anyone fill me in on the rationale behind this?
Hearsay, which, very generally, is an out-of-court statement (e.g., your statement to the police), is typically inadmissible because it is considered unreliable evidence of what actually happened. Generally speaking, your statement to the police is inadmissible by default to prove what actually happened. No one can use your police statement in court.
There are a number of exceptions to the hearsay rule. Two general exceptions are (1) admissions; and (2) statements against your own interest. They logic is that if you say something that hurts yourself, it is probably true and therefore reliable and admissible. People don’t say bad things about themselves unless the things they say are likely true.
If it helps me to tell the police my light was green, then I could be lying just to get myself out of trouble. It’s not reliable as proof of the actual color of the light. The statement is inadmissible hearsay.
If it hurts me to tell the police my light was red, then it’s more likely to be true. The police can offer that up as admissible hearsay. The statement to the police is still hearsay, but it falls under a hearsay exception, making it admissible evidence.
If you look at Part 2 of that video, you will see a link to another video about how to handle traffic stops.
ON the question of why the cop pulled you over, you can remain silent or you can politely say, “I do not know.” The cop’s question asks you to speculate as to the intentions of the cop. You are not a mind reader. How are you supposed to know why the cop did anything?
If asked if you know how fast you were going, you can just remain silent and wait for the cop to move off the point. If the cop keeps asking in an effort to push for a response, you can just keep quiet or perhaps state politely that you prefer not to answer that question and then flip the question to whether you are under arrest or being detained and if you are free to go.