3 ms·

I have a simple script that I have constructed to deal with the police when/if I ever get questioned. I feel it strikes a good balance between the potential way

I have a simple script that I have constructed to deal with the police when/if I ever get questioned. I feel it strikes a good balance between the potential ways of approaching this. While I would like to be helpful to your investigation, in order to ensure my rights are protected, I cannot speak with you without a lawyer present. I appreciate your patience and understanding. In my mind, this balances being respectful, dealing with potential follow-ups in the vein of "only a guilty person would say that", shutting down potential conversation, etc. If anyone has good edits, I'm all ears.

mplanchard 3y ago
As noted in another thread, it is probably worth adding an explicit statement that you’re invoking your right to remain silent.
- boringuser2 3y ago
  In that case, I'd amend it like so. While I would like to be helpful to your investigation, in order to ensure my rights are protected, I must invoke my right to be silent without a lawyer present. I appreciate your patience and understanding. I feel like there's some additional potential verbiage modification that can be made to make it more clear to the officer that you're trying to protect your rights and apologize for any inconvenience, but I can't put my finger on it. I think being cordial and respectful will deal with many potential negative side-effects of this approach. Granted, I'm trying to amolierate the side-effect of this frustrating an officer you're interacting with or triggering their sense that you're actually guilty, causing yourself a greater headache. It's not about what's right, it's about what's effective.
  - mplanchard 3y ago
    I think this is a reasonable approach. I would personally not add the additional apologies though, in case that winds up being spun in court later somehow. Something like “I am invoking my 5th amendment right to remain silent and will not answer any questions without a lawyer present” is sufficient. Most cops will be fine with this. They know the game a lot better than you. They’re not asking you questions to try to have a pleasant interaction with you. They’re fishing for things they can nab you on, and they know it. So, showing that you also know the game and clamming up isn’t necessarily unexpected or viewed as being rude. Of course, you could always get a real prick who gets offended and tries to hassle you for it, in which case maybe your approach is the better one, but I suspect someone like that is going to cause problems regardless of how nicely you phrase it.
    - boringuser2 3y ago
      The reason why I don't like that approach is because it is the approach of a career criminal. The cops wouldn't be wrong to hassle you in this interaction. An apology goes a long way. Reading some of your other posts, I fear you're too indignant. I'm not, I only want to do what would produce the best possible outcome. I don't care about anything else and I have no righteous sentiment in this scenario.
      - mplanchard 3y ago
        It’s also the approach of most police and lawyers, i.e. anyone who is familiar with the criminal justice system. I’ve mentioned it elsewhere, but I got this advice from my relatives who are themselves police, both state and federal. Edit: and the police would absolutely be wrong to hassle you in this situation! It’s a right. If you don’t exercise it for yourself, nobody will do it for you.
        boringuser2 3y ago
        Regarding this, it's critical that you remember it's not about what's right or wrong, it's about what works and what doesn't.

mplanchard 3y ago

As noted in another thread, it is probably worth adding an explicit statement that you’re invoking your right to remain silent.

boringuser2 3y ago
In that case, I'd amend it like so. While I would like to be helpful to your investigation, in order to ensure my rights are protected, I must invoke my right to be silent without a lawyer present. I appreciate your patience and understanding. I feel like there's some additional potential verbiage modification that can be made to make it more clear to the officer that you're trying to protect your rights and apologize for any inconvenience, but I can't put my finger on it. I think being cordial and respectful will deal with many potential negative side-effects of this approach. Granted, I'm trying to amolierate the side-effect of this frustrating an officer you're interacting with or triggering their sense that you're actually guilty, causing yourself a greater headache. It's not about what's right, it's about what's effective.
- mplanchard 3y ago
  I think this is a reasonable approach. I would personally not add the additional apologies though, in case that winds up being spun in court later somehow. Something like “I am invoking my 5th amendment right to remain silent and will not answer any questions without a lawyer present” is sufficient. Most cops will be fine with this. They know the game a lot better than you. They’re not asking you questions to try to have a pleasant interaction with you. They’re fishing for things they can nab you on, and they know it. So, showing that you also know the game and clamming up isn’t necessarily unexpected or viewed as being rude. Of course, you could always get a real prick who gets offended and tries to hassle you for it, in which case maybe your approach is the better one, but I suspect someone like that is going to cause problems regardless of how nicely you phrase it.
  - boringuser2 3y ago
    The reason why I don't like that approach is because it is the approach of a career criminal. The cops wouldn't be wrong to hassle you in this interaction. An apology goes a long way. Reading some of your other posts, I fear you're too indignant. I'm not, I only want to do what would produce the best possible outcome. I don't care about anything else and I have no righteous sentiment in this scenario.
    - mplanchard 3y ago
      It’s also the approach of most police and lawyers, i.e. anyone who is familiar with the criminal justice system. I’ve mentioned it elsewhere, but I got this advice from my relatives who are themselves police, both state and federal. Edit: and the police would absolutely be wrong to hassle you in this situation! It’s a right. If you don’t exercise it for yourself, nobody will do it for you.
      - boringuser2 3y ago
        Regarding this, it's critical that you remember it's not about what's right or wrong, it's about what works and what doesn't.