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Great flowchart. How about: "My lawyer would be happy to answer all your questions". Is that enough? Or does one need to explicitly add "I am invoking my righ

Great flowchart. How about: "My lawyer would be happy to answer all your questions". Is that enough? Or does one need to explicitly add "I am invoking my rights under the fifth amendment"? Or explicitly state that "I want a lawyer" (which, doesn't make sense for a person who already has too many lawyers). I'm looking for one polite, simple, clear statement to use.

deleted 11y ago
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masklinn 11y ago
Bottom section: > YOUR magic words: "I'm not answering any question and I want a lawyer" then shut the fuck up. Although I think you have to provide your identity to officers? Not sure.
- paulsutter 11y ago
  Yes, but I already have a lawyer, and I want to be polite. Police have plenty of ways to hassle you if they think you're a dick. And they'll reach that conclusion quickly and arbitrarily. I heard a story about Larry Ellison pulled over by the police in the parking lot of Oracle. Apparently he said "Call my lawyer", handed them his lawyer's card, and walked into the building.
  - pdkl95 11y ago
    This is not the time for improvisation. While your version may be fine, lawyers say to use these phrases and they have many good reasons why they choose the words they use. At best, your variation will be equivalent to the recommended wordings, and you add the risk that your wording may not cover everything or a misuse of legal terms. There is another reason to use the recommended phrase, too: it's a standard. More people will immediately understand your intent (regardless of how they respond). > I want to be polite While general politeness is always a good idea, the police are not on your side and you absolutely should not go out of your way to appease them. If they want to hassle you, they are going to do it anyway. In practice, they probably already made their quick-and-arbitrary conclusion before they started talking to you. Don't take my word for it - this is the advice any decent lawyer will give you. I highly recommend watching this[1] lawyer explain the public<->police interaction, corroborated by a police officer who explains how they try to scam you into talking. [1] https://www.youtube.com/watch?v=6wXkI4t7nuc https://www.youtube.com/watch?v=6wXkI4t7nuc edit: fixed minor editing error
    - talmand 11y ago
      I agree, that is an excellent video. I think it should be required to watch once a person reaches legal adulthood.
  - scott_s 11y ago
    If you have a lawyer present, they will advise you on what to say.
lost_my_pwd 11y ago
RE: "I want a lawyer", you are overthinking this. The intent is clear in the context: you want a lawyer present for any questioning. While "My lawyer would be happy to answer all your questions" could be sufficient, why leave it to chance? Just be very clear since the situation could result in life-changing consequences: "I am invoking my right to remain silent and will only answer questions with a lawyer present." Edit: stop worrying about winning the hearts of police in a situation like this. Their interests are diametrically opposed to yours at that point in time. No need to be an asshole but you're also not going to hurt their feelings by protecting your interests; and if they seem to take issue with your statement (social pressure is another interrogation tactic, BTW), just remember that this is not a social situation so their opinion of you is not relevant. Investigators are not going to lay off you just because they think you're a swell person.
verusfossa 11y ago
I believe you have to explicitly state your right unfortunately, otherwise you lose it. https://en.m.wikipedia.org/wiki/Berghuis_v._Thompkins https://en.m.wikipedia.org/wiki/Berghuis_v._Thompkins

deleted 11y ago

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masklinn 11y ago

Bottom section: > YOUR magic words: "I'm not answering any question and I want a lawyer" then shut the fuck up. Although I think you have to provide your identity to officers? Not sure.

paulsutter 11y ago
Yes, but I already have a lawyer, and I want to be polite. Police have plenty of ways to hassle you if they think you're a dick. And they'll reach that conclusion quickly and arbitrarily. I heard a story about Larry Ellison pulled over by the police in the parking lot of Oracle. Apparently he said "Call my lawyer", handed them his lawyer's card, and walked into the building.
- pdkl95 11y ago
  This is not the time for improvisation. While your version may be fine, lawyers say to use these phrases and they have many good reasons why they choose the words they use. At best, your variation will be equivalent to the recommended wordings, and you add the risk that your wording may not cover everything or a misuse of legal terms. There is another reason to use the recommended phrase, too: it's a standard. More people will immediately understand your intent (regardless of how they respond). > I want to be polite While general politeness is always a good idea, the police are not on your side and you absolutely should not go out of your way to appease them. If they want to hassle you, they are going to do it anyway. In practice, they probably already made their quick-and-arbitrary conclusion before they started talking to you. Don't take my word for it - this is the advice any decent lawyer will give you. I highly recommend watching this[1] lawyer explain the public<->police interaction, corroborated by a police officer who explains how they try to scam you into talking. [1] https://www.youtube.com/watch?v=6wXkI4t7nuc https://www.youtube.com/watch?v=6wXkI4t7nuc edit: fixed minor editing error
  - talmand 11y ago
    I agree, that is an excellent video. I think it should be required to watch once a person reaches legal adulthood.
- scott_s 11y ago
  If you have a lawyer present, they will advise you on what to say.

lost_my_pwd 11y ago

RE: "I want a lawyer", you are overthinking this. The intent is clear in the context: you want a lawyer present for any questioning. While "My lawyer would be happy to answer all your questions" could be sufficient, why leave it to chance? Just be very clear since the situation could result in life-changing consequences: "I am invoking my right to remain silent and will only answer questions with a lawyer present." Edit: stop worrying about winning the hearts of police in a situation like this. Their interests are diametrically opposed to yours at that point in time. No need to be an asshole but you're also not going to hurt their feelings by protecting your interests; and if they seem to take issue with your statement (social pressure is another interrogation tactic, BTW), just remember that this is not a social situation so their opinion of you is not relevant. Investigators are not going to lay off you just because they think you're a swell person.

verusfossa 11y ago

I believe you have to explicitly state your right unfortunately, otherwise you lose it. https://en.m.wikipedia.org/wiki/Berghuis_v._Thompkins https://en.m.wikipedia.org/wiki/Berghuis_v._Thompkins