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My route standard response to law enforcement queries: "I'm sorry Mr./Mrs/Sargent/Lt X, but I don't talk to police on material matters without counsel present.

My route standard response to law enforcement queries: "I'm sorry Mr./Mrs/Sargent/Lt X, but I don't talk to police on material matters without counsel present."

baddox 16y ago
A related question: apart from a subpoena in court, are you required to talk to police about anything even with counsel present?
- jrockway 16y ago
  You may have to say your name if asked. Anything else, nope. You might have to testify against yourself in court, without Fifth Amendment protection, if you're given immunity for whatever you are about to testify to. (This is interesting, because federal courts can use the testimony from state proceedings against you, but the state can't give you federal immunity. Double jeopardy does not apply because the state and federal courts are different. Pretty sure that's not what the framers meant when they were writing the Tenth Amendment...)
  - Retric 16y ago
    I would argue from an information theory perspective that ever speaking about anything may be self incriminating for any crime you have ever commuted. Also, I am fairly positive federal immunity does not protect you vs the hague. So you could still be convicted of say war crimes based on testimony even if you had immunity. Unfortunately, the law does not agree with me.
    - jrockway 16y ago
      Yeah. If you've killed two million children, or something, you might want to just take the contempt sentence. Though there is probably other evidence of your guilt...
- bonsaitree 16y ago
  Depending on the state and whether or not the inquiry comes from local or federal officials, you MAY be required to give your full legal name and full address of your legal primary residence. That's it. Ever since the Hiibel ruling http://en.wikipedia.org/wiki/Hiibel_v._Sixth_Judicial_District_Court_of_Nevada http://en.wikipedia.org/wiki/Hiibel_v._Sixth_Judicial_Distri..., the states have adopted a hodgepodge of differing identity query standards.

My route standard response to law enforcement queries: "I'm sorry Mr./Mrs/Sargent/Lt X, but I don't talk to police on material matters without counsel present."

baddox 16y ago

A related question: apart from a subpoena in court, are you required to talk to police about anything even with counsel present?

jrockway 16y ago
You may have to say your name if asked. Anything else, nope. You might have to testify against yourself in court, without Fifth Amendment protection, if you're given immunity for whatever you are about to testify to. (This is interesting, because federal courts can use the testimony from state proceedings against you, but the state can't give you federal immunity. Double jeopardy does not apply because the state and federal courts are different. Pretty sure that's not what the framers meant when they were writing the Tenth Amendment...)
- Retric 16y ago
  I would argue from an information theory perspective that ever speaking about anything may be self incriminating for any crime you have ever commuted. Also, I am fairly positive federal immunity does not protect you vs the hague. So you could still be convicted of say war crimes based on testimony even if you had immunity. Unfortunately, the law does not agree with me.
  - jrockway 16y ago
    Yeah. If you've killed two million children, or something, you might want to just take the contempt sentence. Though there is probably other evidence of your guilt...
bonsaitree 16y ago
Depending on the state and whether or not the inquiry comes from local or federal officials, you MAY be required to give your full legal name and full address of your legal primary residence. That's it. Ever since the Hiibel ruling http://en.wikipedia.org/wiki/Hiibel_v._Sixth_Judicial_District_Court_of_Nevada http://en.wikipedia.org/wiki/Hiibel_v._Sixth_Judicial_Distri..., the states have adopted a hodgepodge of differing identity query standards.