4 ms·

yes, for sure, totally agree. Which reminds me of the number one rule - don't talk. Shut up and ask for your attorney. She got lucky and is a prime example o

yes, for sure, totally agree. Which reminds me of the number one rule - don't talk. Shut up and ask for your attorney. She got lucky and is a prime example of an exception to the norm as many of us know what that means. Again, don't talk to cops. She was foolish to consent to the search without a warrant.

awongh 10y ago
Refusing to talk wouldn't work if you were black or brown though. Either the cop would have looked in the car and found the drugs anyway, or they would have gotten the warrant and found the drugs. At which point you would be threatened with a trial that might not even be that winnable by the prosecution, but that they'd use as a stick to bully you into taking some kind of plea bargain, maybe even without jail time, but now at least you're on probation and/or have a criminal record.
- emcrazyone 10y ago
  simply not true. refusing to talk removes the cop's ability to use what is said against you. Talking to them gives them ammunition. Don't take it from me. See what a lawyer and a cop both say: https://www.youtube.com/watch?v=i8z7NC5sgik https://www.youtube.com/watch?v=i8z7NC5sgik
caf 10y ago
That's easy to say with some distance, but I can certainly imagine why you might take a different decision in the heat of the moment, when you're sure there's no contraband in your car.
- spacehome 10y ago
  The common advice is to never talk to police or consent to any search, even when you're sure there's no contraband in your car.
  - ufmace 10y ago
    It needs a little perspective, though. That advise is from defense lawyers, and it is intended to make it easier for them to exonerate you and/or get a good plea bargain after charges have been filed. But it's a much better outcome to not have charges filed at all. This may involve actually engaging with the officer on the scene, telling him what he wants to know, letting him see the full situation. In this particular case, if she had pulled the whole "I don't give consent to search anything", "Am I being detained", "I want my lawyer" bit, she most likely would have been searched anyways, had the possession charge filed, and been convicted of it, no matter what kind of lawyer she had, because there were in fact drugs in her car. On the other hand, engaging with the officer and behaving in a way he would expect somebody who is actually innocent to behave allowed him to take a closer look at things and decide that the evidence doesn't quite match up with an open-and-shut possession case, and that it deserved being looked into further. That's not to say this is a good idea in every situation. The lawyer advice often is a good option, particularly if you are in fact guilty of the crime that you are suspected of.

awongh 10y ago

Refusing to talk wouldn't work if you were black or brown though. Either the cop would have looked in the car and found the drugs anyway, or they would have gotten the warrant and found the drugs. At which point you would be threatened with a trial that might not even be that winnable by the prosecution, but that they'd use as a stick to bully you into taking some kind of plea bargain, maybe even without jail time, but now at least you're on probation and/or have a criminal record.

emcrazyone 10y ago
simply not true. refusing to talk removes the cop's ability to use what is said against you. Talking to them gives them ammunition. Don't take it from me. See what a lawyer and a cop both say: https://www.youtube.com/watch?v=i8z7NC5sgik https://www.youtube.com/watch?v=i8z7NC5sgik

caf 10y ago

That's easy to say with some distance, but I can certainly imagine why you might take a different decision in the heat of the moment, when you're sure there's no contraband in your car.

spacehome 10y ago
The common advice is to never talk to police or consent to any search, even when you're sure there's no contraband in your car.
- ufmace 10y ago
  It needs a little perspective, though. That advise is from defense lawyers, and it is intended to make it easier for them to exonerate you and/or get a good plea bargain after charges have been filed. But it's a much better outcome to not have charges filed at all. This may involve actually engaging with the officer on the scene, telling him what he wants to know, letting him see the full situation. In this particular case, if she had pulled the whole "I don't give consent to search anything", "Am I being detained", "I want my lawyer" bit, she most likely would have been searched anyways, had the possession charge filed, and been convicted of it, no matter what kind of lawyer she had, because there were in fact drugs in her car. On the other hand, engaging with the officer and behaving in a way he would expect somebody who is actually innocent to behave allowed him to take a closer look at things and decide that the evidence doesn't quite match up with an open-and-shut possession case, and that it deserved being looked into further. That's not to say this is a good idea in every situation. The lawyer advice often is a good option, particularly if you are in fact guilty of the crime that you are suspected of.