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> Then I shut up! This is always important. Use your right to remain silent and never talk to police! Anybody that questions this should see this[1] attorney's

by pdkl95 11y ago

> Then I shut up! This is always important. Use your right to remain silent and never talk to police! Anybody that questions this should see this[1] attorney's very good explanation. > I want my attorney. I won't answer any questions Note that it's a good idea to explicitly invoke both of these (your right to an attorney and your right to not self incriminate). Law comic has a very rigorous flowchart[2] for handling being questioned by the police (or other government agent). [1] https://www.youtube.com/watch?v=6wXkI4t7nuc https://www.youtube.com/watch?v=6wXkI4t7nuc [2] http://lawcomic.net/guide/?p=2897 http://lawcomic.net/guide/?p=2897

V-2 11y ago
I've seen this lecture before ([1]). It's pure gold :) The follow-up from a police officer was interesting, too - funny how the tricks he mentioned were the same as depicted in "The Wire" (which I watched later). The show got it quite right!
jrs235 11y ago
The important thing here is to explicitly state that you refuse to answer any questions without legal counsel present. Then, shut up. Remaining silent and not telling them you will not answer their questions can be used against you in court. See Salinas vs. Texas. "So, again, the government can't offer negative comments on the choice not to testify and may not offer negative comments on a person's choice to remain silent after an arrest. Salinas brought the question, what about silence before an arrest?"[0] "Basically, if you're ever in any trouble with police (no, we don't condone breaking laws) and want to keep your mouth shut, you will need to announce that you're invoking your Fifth Amendment right instead of, you know, just keeping your mouth shut." [1] "if he wanted to rely on his right to remain silent, he had to say something that clearly asserted his right." [2] [0] http://freedomoutpost.com/2013/06/supreme-court-silence-can-be-used-against-you/ http://freedomoutpost.com/2013/06/supreme-court-silence-can-... [1] http://www.thewire.com/politics/2013/06/supreme-court-salinas-v-texas-ruling-explained/66309/ http://www.thewire.com/politics/2013/06/supreme-court-salina... [2] http://volokh.com/2013/06/17/do-you-have-a-right-to-remain-silent-thoughts-on-the-sleeper-criminal-procedure-case-of-the-term-salinas-v-texas/ http://volokh.com/2013/06/17/do-you-have-a-right-to-remain-s... http://www.bakerlaw.com/alerts/silence-isnt-always-golden-in-government-investigations-bracing-for-the-impact-of-the-supreme-courts-decision-in-salinas-v-texas-7-8-2013/ http://www.bakerlaw.com/alerts/silence-isnt-always-golden-in...

by pdkl95 11y ago

V-2 11y ago

I've seen this lecture before ([1]). It's pure gold :) The follow-up from a police officer was interesting, too - funny how the tricks he mentioned were the same as depicted in "The Wire" (which I watched later). The show got it quite right!

jrs235 11y ago

The important thing here is to explicitly state that you refuse to answer any questions without legal counsel present. Then, shut up. Remaining silent and not telling them you will not answer their questions can be used against you in court. See Salinas vs. Texas. "So, again, the government can't offer negative comments on the choice not to testify and may not offer negative comments on a person's choice to remain silent after an arrest. Salinas brought the question, what about silence before an arrest?"[0] "Basically, if you're ever in any trouble with police (no, we don't condone breaking laws) and want to keep your mouth shut, you will need to announce that you're invoking your Fifth Amendment right instead of, you know, just keeping your mouth shut." [1] "if he wanted to rely on his right to remain silent, he had to say something that clearly asserted his right." [2] [0] http://freedomoutpost.com/2013/06/supreme-court-silence-can-be-used-against-you/ http://freedomoutpost.com/2013/06/supreme-court-silence-can-... [1] http://www.thewire.com/politics/2013/06/supreme-court-salinas-v-texas-ruling-explained/66309/ http://www.thewire.com/politics/2013/06/supreme-court-salina... [2] http://volokh.com/2013/06/17/do-you-have-a-right-to-remain-silent-thoughts-on-the-sleeper-criminal-procedure-case-of-the-term-salinas-v-texas/ http://volokh.com/2013/06/17/do-you-have-a-right-to-remain-s... http://www.bakerlaw.com/alerts/silence-isnt-always-golden-in-government-investigations-bracing-for-the-impact-of-the-supreme-courts-decision-in-salinas-v-texas-7-8-2013/ http://www.bakerlaw.com/alerts/silence-isnt-always-golden-in...