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According to many competent advisors (such as in the don't talk to police video), the problem here arrives when it turns out that a security camera shows that y

According to many competent advisors (such as in the don't talk to police video), the problem here arrives when it turns out that a security camera shows that you did see the girl. You said you didn't, but the video proves you are lying. Of course you will say that you didn't realize you had seen her or you thought they meant a different girl. Of course that is exactly what her kidnapper would claim, strengthening their case. Now they have probable cause to arrest you. Since you feel you have nothing to hide and it's all a misunderstanding, you answer their questions, but your memory is wrong several times. Now it's looking really bad and they are telling you if you just tell them where the little helpless girl is buried so that the parents can have some peace, they'll ask the district attorney to consider taking the death penalty off the table. All could have been avoided by saying "I'll have my attorney contact you" and later he contacts them with the message "Mr. TZS knows nothing about this case as far as he knows."

tzs 15y ago
They wouldn't have probable cause to arrest me in the hypothetical you give. At best they would have probable cause to bring me in for questioning (at which point I'm getting an attorney), or to perhaps get a warrant to search my home (depending on just what the security camera shows). If I were to take your suggestion and avoid the initial question by having my attorney answer it--nothing changes because they still have the security video showing I saw the girl, so now they will just think I'm lying through my attorney install of lying directly, and I'm still going to end up getting brought in for questioning and possibly have my house searched.
- VladRussian 15y ago
  >nothing changes because they still have the security video showing I saw the girl, so now they will just think I'm lying through my attorney install of lying directly, and I'm still going to end up getting brought in for questioning and possibly have my house searched. you seems to miss the point of getting an attorney.
- hga 15y ago
  Two things: Presumably the comparison of what you say vs. what the video camera shows will happen after when you talk (plus if they know you've seen her their approach to you is likely to be different). You lawyer will presumably know how word your statements so they are both true and won't get you caught in this sort of scenario. I'm not sure what works for real, but think of the difference between the statements "I didn't see her" and "I don't recall seeing her." Both say the same thing, but the former is obviously more dangerous. Again, it comes down to the question of "What's in for you?" Nowadays there's pretty much nothing but downsides for you with no upside aside from the occasional situation where saying something will avoid your getting taken in for questioning or worse. This is something that comes up a lot in the concealed carry/self defense community. Missouri requires a thorough 8 hour course to get a license and the one I attended was taught entirely by police, most or all of them still active in one way or another. Their advice, and they said they didn't like saying this---and I'll note SW Missouri is very favorably inclined towards legitimate self-defense---was that you shouldn't talk to them but retain a lawyer and speak through him.

tzs 15y ago

They wouldn't have probable cause to arrest me in the hypothetical you give. At best they would have probable cause to bring me in for questioning (at which point I'm getting an attorney), or to perhaps get a warrant to search my home (depending on just what the security camera shows). If I were to take your suggestion and avoid the initial question by having my attorney answer it--nothing changes because they still have the security video showing I saw the girl, so now they will just think I'm lying through my attorney install of lying directly, and I'm still going to end up getting brought in for questioning and possibly have my house searched.

VladRussian 15y ago
>nothing changes because they still have the security video showing I saw the girl, so now they will just think I'm lying through my attorney install of lying directly, and I'm still going to end up getting brought in for questioning and possibly have my house searched. you seems to miss the point of getting an attorney.
hga 15y ago
Two things: Presumably the comparison of what you say vs. what the video camera shows will happen after when you talk (plus if they know you've seen her their approach to you is likely to be different). You lawyer will presumably know how word your statements so they are both true and won't get you caught in this sort of scenario. I'm not sure what works for real, but think of the difference between the statements "I didn't see her" and "I don't recall seeing her." Both say the same thing, but the former is obviously more dangerous. Again, it comes down to the question of "What's in for you?" Nowadays there's pretty much nothing but downsides for you with no upside aside from the occasional situation where saying something will avoid your getting taken in for questioning or worse. This is something that comes up a lot in the concealed carry/self defense community. Missouri requires a thorough 8 hour course to get a license and the one I attended was taught entirely by police, most or all of them still active in one way or another. Their advice, and they said they didn't like saying this---and I'll note SW Missouri is very favorably inclined towards legitimate self-defense---was that you shouldn't talk to them but retain a lawyer and speak through him.