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Just use a little sense. If you buddy suddenly beats someone up, there is a chance they pin you as an accomplice. If you see some old lady get robbed, that's n

Just use a little sense. If you buddy suddenly beats someone up, there is a chance they pin you as an accomplice. If you see some old lady get robbed, that's not coming back on you. Also, if the police don't put you under custody, you don't get Miranda rights and you don't get the right to a lawyer necessarily. You'd have to pay one yourself.

iak8god 12y ago
> Just use a little sense... If you see some old lady get robbed, that's not coming back on you. Unfortunately, "just use a little sense" may be dangerous advice. Here's a story from earlier this year about a guy who called 911 when he came across an injured person lying in the street. As thanks for his trouble, he was assaulted by police, arrested, and spent twelve hours in jail -- mostly in solitary confinement: https://news.ycombinator.com/item?id=7233730 https://news.ycombinator.com/item?id=7233730
- tedunangst 12y ago
  So the lesson is if you see somebody bleeding in the street the right thing to do is to walk away?
  - halfcat 12y ago
    After you call 911, yes.
  - dannypgh 12y ago
    Someone bleeding in the street needs first aid and/or paramedics. Answering questions from a police officer won't get that person either. Your statement really reads like a non sequitur to me. I think most people either don't realize or choose to ignore the fact that calling the police rarely prevents any crime. It can be effective if what you're seeking is retribution or revenge, but once you've been stabbed whether you heal or not doesn't really depend on whether you answer questions from the police. The news from Ferguson is a reminder that bringing police into a situation can make many situations much worse for everyone. If I find you bleeding in the street I'll help you get medical care and if you want to go to the police that's your decision, not mine.
    - gizmo686 12y ago
      How would you help get medical care? In an emergency situation most people would call 911 and request an ambulance. The 911 operator would request details on the nature of the medical emergency so that the paramedics arrive on scene with more knowledge and an ability to respond faster, and so that you can be advised on how best to proceed while waiting for the paramedics to arrive. The operator may also send the police regardless of if they were requested or not.
      - dannypgh 12y ago
        They can send the police, sure. Doesn't mean I have to answer their questions. This is a somewhat absurd argument because what I'd do ultimately depends on the circumstance. If I truly know nothing besides my own name and that I found this person bleeding, I would be wondering where my other memories went and if I were brain damaged. In the general case, they aren't going to be sending detectives immediately to ask questions because someone called 911. Nor would I stay on the scene longer than I was medically needed to be there. But the "general case" is a useless fiction.
    - tedunangst 12y ago
      Parent comment said a guy called 911 and was assaulted for his trouble. I asked what to do instead. What's the non sequitur?
dannypgh 12y ago
You always have your Miranda rights. You're required to be informed of them only if you are to be questioned (edit: while in a custodial interrogation, which means you reasonably think you aren't fully there voluntarily) and your answers used against you in court. Or perhaps more accurately: if you answer a question from the police and weren't informed of your Miranda rights, a competent lawyer may be able to suppress some amount of the evidence gathered by the police as inadmissible. As far as I know this applies for all questioning, regardless of whether you're free to go, being detained, or under arrest. IANAL but I've had plenty of encounters with police. The key right you're asserting is not a "right to a lawyer" it's the right to remain silent. Asking for a lawyer helps you to do this, because otherwise they have much more latitude to try to convince or trick you into talking. If you said you are remaining silent until you talk to a lawyer, in theory, they have to leave you alone until the lawyer is there.
- rhino369 12y ago
  Miranda rights go well beyond just being able to be silent. You aren't even allowed to be questioned in the interim after you ask for an attorney. You do always have the right to remain silent. If you aren't in custody, they don't have to provide an attorney and they can keep asking questions. And custody can be fairly broad, for example a traffic stop doesn't count.

iak8god 12y ago

> Just use a little sense... If you see some old lady get robbed, that's not coming back on you. Unfortunately, "just use a little sense" may be dangerous advice. Here's a story from earlier this year about a guy who called 911 when he came across an injured person lying in the street. As thanks for his trouble, he was assaulted by police, arrested, and spent twelve hours in jail -- mostly in solitary confinement: https://news.ycombinator.com/item?id=7233730 https://news.ycombinator.com/item?id=7233730

tedunangst 12y ago
So the lesson is if you see somebody bleeding in the street the right thing to do is to walk away?
- halfcat 12y ago
  After you call 911, yes.
- dannypgh 12y ago
  Someone bleeding in the street needs first aid and/or paramedics. Answering questions from a police officer won't get that person either. Your statement really reads like a non sequitur to me. I think most people either don't realize or choose to ignore the fact that calling the police rarely prevents any crime. It can be effective if what you're seeking is retribution or revenge, but once you've been stabbed whether you heal or not doesn't really depend on whether you answer questions from the police. The news from Ferguson is a reminder that bringing police into a situation can make many situations much worse for everyone. If I find you bleeding in the street I'll help you get medical care and if you want to go to the police that's your decision, not mine.
  - gizmo686 12y ago
    How would you help get medical care? In an emergency situation most people would call 911 and request an ambulance. The 911 operator would request details on the nature of the medical emergency so that the paramedics arrive on scene with more knowledge and an ability to respond faster, and so that you can be advised on how best to proceed while waiting for the paramedics to arrive. The operator may also send the police regardless of if they were requested or not.
    - dannypgh 12y ago
      They can send the police, sure. Doesn't mean I have to answer their questions. This is a somewhat absurd argument because what I'd do ultimately depends on the circumstance. If I truly know nothing besides my own name and that I found this person bleeding, I would be wondering where my other memories went and if I were brain damaged. In the general case, they aren't going to be sending detectives immediately to ask questions because someone called 911. Nor would I stay on the scene longer than I was medically needed to be there. But the "general case" is a useless fiction.
  - tedunangst 12y ago
    Parent comment said a guy called 911 and was assaulted for his trouble. I asked what to do instead. What's the non sequitur?

dannypgh 12y ago

You always have your Miranda rights. You're required to be informed of them only if you are to be questioned (edit: while in a custodial interrogation, which means you reasonably think you aren't fully there voluntarily) and your answers used against you in court. Or perhaps more accurately: if you answer a question from the police and weren't informed of your Miranda rights, a competent lawyer may be able to suppress some amount of the evidence gathered by the police as inadmissible. As far as I know this applies for all questioning, regardless of whether you're free to go, being detained, or under arrest. IANAL but I've had plenty of encounters with police. The key right you're asserting is not a "right to a lawyer" it's the right to remain silent. Asking for a lawyer helps you to do this, because otherwise they have much more latitude to try to convince or trick you into talking. If you said you are remaining silent until you talk to a lawyer, in theory, they have to leave you alone until the lawyer is there.

rhino369 12y ago
Miranda rights go well beyond just being able to be silent. You aren't even allowed to be questioned in the interim after you ask for an attorney. You do always have the right to remain silent. If you aren't in custody, they don't have to provide an attorney and they can keep asking questions. And custody can be fairly broad, for example a traffic stop doesn't count.