NEVER EVER allow yourself to be interrogated by police without an attorney

[mnhtnbb]

present.

I read a lot of stuff on-line last night--following the barbaric process conducted
by the State of Georgia last night in executing Troy Davis. One of the most chilling
things I saw was that Davis, voluntarily, returned from Atlanta to Savannah to 'clear
his name' when he heard he was wanted for the murder of the police officer. Wow.
Very naive--and really not the behavior of a guilty man. Davis believed the PD
were his 'friends'. Uh uh. No way. If you are suspected of committing a crime,
do NOT make the mistake of thinking the PD are your 'friends'. Shut your mouth and
do not say anything until your legal counsel is present.

[Swede]

1. "Shut the fuck up!" as Chris Rock always says when stopped by the police.

Just yes sir,no sir is fine.

[TroglodyteScholar]

29. Even yes sir/no sir can be too much if you're under arrest or any kind of suspicion.

For a traffic stop that goes on too long, "am I under arrest?" is about the only right answer.

[Old Codger]

66. If not

Get in your car and leave, they have to either arrest you or allow you to leave.

[MedicalAdmin]

75. A friend of mine and I were driving in a city we were visiting.

We asked around for where the best hole in the wall mexican restaurants were and went down to this area that was wall to wall no english spoken hear culinary delight and stuffed ourselves silly. It was a great meal, late at night, in a semi- dodgy neighborhood.

Driving back to our hotel, we stopped at a stop sign, signalled and turned right and then were pulled over in about 1 block. The cop came up to the window and asked for license and registration and asks what we were doing in the area, I tell him and he seems doubtful. Then says he stopped me because he saw us in the area and there was a prostitute on the street a couple blocks back. So I asked him," you mean to tell me you pulled me over for no reason, because you knew there was a prostitue on a street back there, why the heck would you not be stopping her instead of me?" with that he said "have a good day sir" and walked away.

Know your rights. http://www.aclu.org/national-security/know-your-rights-when-encountering-law-enforcement

[RoccoR5955]

63. Forget the "sir" crap

They already don't have any respect for you, why should you have any for them. A simple yes or no will do.

[MrModerate]

92. They have guns. And an attitude. A little extra care would be prudent. n/t

[SCantiGOP]

70. I had a friend who was an attorney and went to jail

The FBI showed up at his house at 7:00 AM on a Sunday. As soon as they flashed badges they asked him if he had done something (complicated, involved him leaking something that showed police misconduct), and he said, "No." He knew as soon as he said it he had really screwed up. He ended up serving 6 months for perjury before a grand jury, and lost his license for two years. The reason he lied to the grand jury was that the sentence for lying to the FBI was actually worse than the perjury, so he took a chance.
Every time I visited him in jail he would shake his head and moan about how many times he had lectured ignorant people who have no knowledge of the law or the system to NEVER talk to a cop without a lawyer, but they set him up and as soon as the word "no" came out of his mouth he was screwed.

[Yon_Yonson]

93. I have a lawyer friend I served in the military with ...

he advised me to say only "name, rank and service number and then call me!"

[qanda]

2. If you ever watch The First 48 on A&E it is clear...

Those who ask for an attorney instantly either get off completely or spend far less time in prison than those who allow themselves to be interrogated by the police. This should be one of the things you teach your children also.

[Bonhomme Richard]

21. +1 All you need to do is watch Frist 48 and you will know

where you stand.

[exelwood]

33. LOL, I was racing in here to post about 48 Hours...

And two of you beat me to it. :) Never, ever speak without an attorney. You're interested in the truth, they are interested in closing the case as fast as possible.

[enough]

3. Know your rights.

http://www.aclu.org/drug-law-reform-immigrants-rights-racial-justice/know-your-rights-what-do-if-you

[TwilightGardener]

4. This is partly why rich people get better outcomes when they're in trouble--

they're more savvy about their rights and the legal process, and have good attorneys to tell them not to do stupid stuff.

[OHdem10]

5. Unfortunately, never be interrogated without an attorney is the

best approach. We often hear the Media especially,
saying, why does he or she just not tell the truth.
We no longer live in a world where the truth will
set you free. In the long run you ar much better
off even if some accuse you of lawyering up. Sometimes
they try to make you sound guilty because you would
not speak without an attorney present. You are still
better off. Hopefully, the attorney will not let
you say something that could be misinterpreted and
hurt you.

[truedelphi]

64. Someone on DU once posted a video made by a criminal defense Attorney

Boy did he ever have a long list of things that show how much can go wrong.

Like, let's say the cops say to you, as you sit in the interrogation room: "What do you think went on tonight."

You'd just heard as you'd walked by the crime scene that some officer on the cell phone with his wife was saying, "Honey, I'll be home extra late this time - a woman was strangled."

So you say, "A lady was found strangled."

Now they know they have their guy- cuz no one in the police force had released to the media the manner of death.

WHile you sit there not even thinking that there would be anything in your response that would alert them to your "guilt." As all you'd done was walk by a crime scene.

[spooked911]

84. yes, I watched that-- it was excellent

everyone should see it

[Sirveri]

98. good videos here:

Lawyer and cop talk about talking to the cops:
http://youtu.be/6wXkI4t7nuc

BUSTED: The Citizen's Guide to Surviving Police Encounters
http://youtu.be/yqMjMPlXzdA

[WingDinger]

6. When the cops busted down my door at midnite, after nailing them and a judge on corruption

I talked a mile a minute. They told me to pipe down as I would wake the neighbors. They did not give me miranda, although they put me in handcuffs. I lectured their stupid asses for an hour. They knew NOTHING of the law. They walked around my home telling me I lived too high on the hog for someone with my health problems. telling me what I would have to sell.

Finally, they said as they left, that the reason they KNEW I was guilty is, I didn't let them in the door immediately when they slammed on it and blew up the doorbell.

I am a med mar patient, and very easily could have had a heart attack from the threat. I am quite certain that most of the cops that showed up that night were on roids.

Had I been black or something, they might have produced a throwdown or such to aleive their embarrassment.

[tblue37]

94. I think roid rage is often implicated in the police

abuses we read about.

[Drahthaardogs]

115. Roid rage is mostly bullshit

media-fed non-substantiated nonsense. There are a few compounds that really do increase aggression, and most guys just do not have access to them or have the know how to take them. Standard stuff like test (cypionate or propionate) just does not have those kinds of sides. Some Cops are just angry men with something to prove. No chemicals are to blame.

[no_hypocrisy]

7. I don't care what you're threatened with when you're with police.

1. Don't explain, don't say anything except you want your attorney present before you answer ANY question.

2. Don't volunteer any opinion.

3. Don't even protest, say you didn't do it. Say nothing.

4. Don't consent to let the police search your car, your trunk, your glove compartment, your home, etc. or if it's borrowed, same thing. You only HAVE TO allow them to search IF THEY HAVE A SIGNED SEARCH WARRANT.

5. They either have to let you go or arrest you. Just because they let you go doesn't mean they can't or won't arrest you later based on anything you say, so don't say anything.

6. If you don't have a lawyer, the police and prosecutor have a constutitional mandate to provide you with one. Don't talk until you have that lawyer and you can speak in privacy.

[WingDinger]

18. Bullcrap, simple enough to rig up a phonecall saying you are beating a woman for instance.

They smashed on my door and said they were coming in no matter what. FO course it was a scam. They would have killed or at least done me harm had I resisted.

What I did do, is protest in no uncertain terms. And stated that my inability to physically stop them is why I am complying. They were stunned.

[reggie the dog]

36. i walked on 12 years of charges for cannabis possession due to

illegal search and seizure because i never consented to a search and the cops showed the judge my "i know my 4th and 5th amendment rights" card from norml.... the judge then asked the cop if he got a warrant, when the cop said no the judge berated him for violating my civil rights and let me off on the felony and the 2 misdemenors.

[Fuddnik]

47. Also NEVER allow the cop to step inside to talk.

The courts have interpreted that to mean that you consented to a search.

"No Yer Honor, we didn't have a warrant, but he invited us in".

[notadmblnd]

68. exactly, step outside and close the door behind you

[MedicalAdmin]

77. Small correction.

Step outside and LOCK the door behind you.

[tropicanarose]

52. This is good advice.

[TlalocW]

8. Watch this video

http://www.youtube.com/watch?v=6wXkI4t7nuc

It's 48 minutes long but well-worth it. A college professor (who talks a mile-a-minute) does the first part of the lecture, and a police officer finishes it, and they both agree that you should never talk to a cop without an attorney.

TlalocW

[Xithras]

14. I was looking for that link. You beat me to it.

EVERYONE should watch that video. Even if you don't think you'll ever be arrested for anything, that video will open your eyes as to how our police departments and courts work.

[Jim_Shorts]

73. Should be watched as much as the Wizard of Oz

I think we all get it here: If you are innocent: DON'T TALK TO THE POLICE, If you are guilty: DON'T TALK TO THE POLICE, If you have any involvement: DON'T TALK TO THE POLICE

[YellowRubberDuckie]

78. I was going to post this...

...thanks for posting it. It is brilliant. People need to see it.

[wundermaus]

83. That's a good one but I like this better...

Chris Rock - How not to get your ass kicked by the police!
http://www.youtube.com/watch?v=uj0mtxXEGE8

[FailureToCommunicate]

110. Thanks for the link!

"Get a White friend"

Love Chris Rock!

[Frank Cannon]

105. That video is a classic and, yes, should be watched by EVERYONE

Hell, if they still had American Government classes in high school, I'd be showing it to all the students.

[Ikonoklast]

9. "Am I underr arrest, and if I am I want my attorney present before answering any questions."

"If I am NOT under arrest, am I free to go?"

The only things you should ever say to a cop asking you questions, no matter how minor.

[MrsBrady]

10. you are under no obligation to speak with them at all

really.

One should lawyer up and let the lawyer handle it. I know money can be an issue here. but still...

If they ever want to talk to you, you don't have to. You don't even have to "go down to the station."

[Atman]

11. Read John Grisham's "The Confession."

I never realized the lengths to which the police are allowed to go in their attempts to get a confession. They can lie to you, they can claim they have your baby daughter locked in a cooler, they can say anything they want...verbal water-boarding. Doesn't matter. Once they get you to confess, they just say "BUT HE CONFESSED!" Just as with water-boarding. They make up their own laws.

.

[Dawson Leery]

99. All true. Which is why I never understand why they get sympathy.

Law enforcement is NOT your friend. Not only must one follow the advise above, it must be advised to never befriend or date/marry a cop either.

I make no secret, I oppose the God Damn police unions. The FOP and company openly lobby for giving more and more power and immunity to their members.

[Atman]

107. My sister almost married a cop

He was a loon. He moved into her house in the New Hampshire woods, and she said he'd wake up every night swearing he "heard something" outside, and grab his gun and check around the house. We tried to talk her out of the wedding, but she wasn't convinced she found out he had (illegally) used the police computer system to run background checks on everyone in our family. She called off the wedding with just three weeks to go.

[Dawson Leery]

113. She almost made a horrible mistake.

[tclambert]

104. They can lie to you, but face discipline if they lie to your lawyer.

After all, your lawyer is "an officer of the court." Lying to an officer of the court is a no-no, even for cops.

[The Backlash Cometh]

12. I hope that they turn his experience into a movie so we can all learn from it.

Including the fact that three black men allowed him to die.

[Atman]

17. Again, read "The Confession."

Since it's a Grisham book, it will probably be turned into a movie. But it's just like this. A POLITICAL execution because...oops, don't wan't to leave spoilers.

[The Backlash Cometh]

53. I hope they get that point across.

I wasn't even following the case, but the minute I heard there was a stay, I suddenly dared to get hopeful. Especially in this case.

[Shagbark Hickory]

13. The problem with piping down is that they start thinking you're guilty and they press you even harde

I'm not saying you shouldn't pipe down but in my experience, they will push you to the limits to get you to admit something. Be prepared to have the same question asked a hundred times, a hundred different ways.

I think sometimes being persuasive can help you more than clamming up.
An example would be one time in my dumber years, I was riding with a friend of mine who was smoking marijuana while driving. We were pulled over and they told him to get out of the car. He had a little bit of marijuana on his shirt and thus probable cause to search the car.

I convinced the cops to let me go and they arrested my friend. There was marijuana in the car. They could have easily thrown me in jail too. If I said nothing, they probably would have.

[Stumbler]

79. I think sometimes being persuasive can help you more than clamming up.

First, I agree with many others' sentiment that the best thing to do is STFU so as not to implicate yourself. It's sound advice that should be followed in many circumstances.

But secondly, I gotta also agree with your logic, to a degree. In the few situations where I've been faced by police in potentially-arrestable moments, I've found that persuasion can be quite useful. Now this is entirely dependent on who you're dealing with and what 'infraction' they think you may be guilty of (not to mention your race and physical appearance), but in my experience an ounce of politeness and the appearance of respect for authority (often bullshit, but rehearsed and polished nonetheless) have provided me with a good night's sleep in bed rather than being 'brought downtown.'

That said, however, I must provide that I am a white male in mostly-white Minnesota, and for much of the last decade I worked in sales, so I was often wearing button-down shirts with ties and khakis... Odds are I was given the benefit of the doubt by my appearance, rather than what I said. So mine may be a moot point - keep quiet and you'll keep yourself outta trouble.

[Shagbark Hickory]

111. Similar formula here except I'd use a gallon rather than an ounce.

I guess the moral of the story is once you've been detained don't say anything without a lawyer.

But if you're in the midst of a traffic stop there may be some instances where the risk of explanation is less than the risk exercising your right to remain silent. I have a recent example where I used both in the same traffic stop and got off scott free despite some of the evidence being stacked against me. I'm very proud of it but I'm kinda afraid to talk about it here. Just in case the cop is reading this :tinfoilhat:

I will say that there were 3 potential violations at hand. The primary reason being the cop thought they saw something that they may or may not have seen. Once I was stopped, they no longer saw it. The officer really put the pressure on to get me to answer their questions. I wasn't about to conduct their investigation for them. That's not my job.

When it was clear that I wasn't going down for that because there wasn't any evidence or testimony then that's when the other violations rolled out. I had explanations for one of those and I think the third problem hinged on the second problem and the long and the short of it is there wasn't even so much as a written warning issued.

When I tell the story to others, they say "Oh you looked so guilty by not answering the cop's questions"
And they're right. I looked as guilty as a mofo.
But looking guilty and having evidence of being guilty are two different things.

[slackmaster]

15. Especially if you have stumbled into a barbaric, tribal nation where kidnapping is a way of life

:hide:

[truebrit71]

16. Thanks for the reminder...and thanks to the person that linked to the youtube down thread...

...it bears repeating every once in a while..

[Lint Head]

19. You should never talk to someone arresting you except to ask what the charges are

or if you are being charged with anything. Never answer a question. Only speak to your own attorney or representative. You have the right to silence not just in court but when arrested. Miranda

[hobbit709]

20. Name, rank and serial number

I don't say anything else without my mouthpiece.

[RandySF]

22. Additional tips

Same may be repetitive.

1. If you are outside your car and officer asks for permission to search it, say loudly so others can hear: "No, you I am not giving you permission to search my car".
2. If you are arrested, DO NOT RESIST. In addition to getting yourself in legal trouble, you just might get your ass kicked.
3. I believe police do have the right to ask you to identify yourself (correct me if I am wrong).
4. If you are walking down the street, and an officer informs you of a gas main break, don't be an ass and insists on walking towards it.
5. 9 times out 10, police officers are out there to help you. When we had to call 911 a few years ago, SFPD was there for us in less than a minute.

[Xithras]

23. #3 varies by state.

I believe police do have the right to ask you to identify yourself (correct me if I am wrong).

The Supreme Court upheld stop-and-identify laws as being constitutional, but that ruling didn't actually grant the police any powers. The stop-and-identify laws are written at the state levels, and vary from state to state. In Texas, for example, the law states that the police can only demand your ID if you're being lawfully detained. In Vermont, they can demand your ID if they have reasonable cause to believe that you were involved in a crime, even if you haven't been detained yet. In New York, they can ask for it any time they question you, but they aren't allowed to keep a record of it. In California, they can't request it from you AT ALL, because our stop-and-identify law was struck down by the courts and the legislature never wrote a replacement.

[mnhtnbb]

37. PD there to help you, i.e., calling 911--yes, but that's NOT

the topic of my post.

Be VERY clear, if you are under suspicion of a crime and are being interrogated by
the police in regards to the crime, that's not the same situation.

[SixthSense]

24. Don't Talk to Police

Law lecture on the subject:

http://www.youtube.com/watch?v=6wXkI4t7nuc

[WhoIsNumberNone]

25. I was about to post the same vid

nt

[dajoki]

26. K&R

[closeupready]

27. Yep. Too much prosecutorial misconduct goes on, that's for sure.

They will seize on any and all misstatements made in front of police when you didn't have a lawyer either present or having consulted one ahead of time.

[Abin Sur]

28. If you're actually innocent, then I agree.

If, on the other hand, you are in fact guilty, then I would urge you to sing like a canary :-)

[reggie the dog]

39. no, when you are gulity it is even more important to not talk

the lawyer does all the talking, the cops have to prove your guilt, why would you help them do that?

[Abin Sur]

50. I think you mistake my meaning

I agree with you that it's not in the self-interest of someone who is guilty to talk to the police about their crime.

What I said was that *I* urged them to talk. This is because it's in my self-interest for criminals to be convicted. Thus, if someone who has just committed (for instance) armed robbery is caught, then I would advise them to confess to their crime (and every other one they've ever committed) because it makes the world a safer place for me to be in.

[reggie the dog]

51. the vast majority of all crimes are victimless

think about it, how many millions of people are guilty of drug possession at any given minute in the usa? if one in 10 people use illegal drugs then 31 million people are doing the crime of possession at any given minute, this dwarfs the number of other crimes being committed at that minute too. ad in drug dealers, people who grow their own or grow for sale and you see that many "criminals" do not really hurt anyone and with pot it is arguable that they dont even hurt themselves. Drug possession is the vast vast vast majority of all crimes as it is continous, as long as you have a bit of weed in your house you are a crook even if you just save 2 grams till halloween you are guilty of possession every minute of every day. seeing as this is the majority of crimes done in the usa my advice was targeted towards that group of criminals.

[Abin Sur]

55. Fair point, and I amend my remarks

I will make an exception for those guilty of drug possession. Only logical, given that I'm in favor of legalization of all drugs...

I still urge those guilty of violent crimes, theft, etc., to freely speak with the police at every opportunity. :-)

[reggie the dog]

56. i can agree to that to a point

but, honestly, people like bonnie and clyde who may be robbing the banks that are fucking all of us over should probably not talk either, the person who robbed the corner store, or the home of an average family should probably clear their conscience.....

[Abin Sur]

60. If they're like Bonnie and Clyde I certainly hope that they talk

Given that they killed a dozen people...

(they also robbed corner stores and gas stations, and killed at least one store owner)

[reggie the dog]

61. ah well then they ought to have talked too

so long as no one is hurt i can tolerate certain thefts, like medecine or food so long as the victim does not starve or go without meds as a result

[SheilaT]

30. Even in more innocuous situations

an attorney can be a good idea.

When my 17 year old son was picked up for possession of marijuana, the officer at the station who released him to us strongly advised we get an attorney to shepherd us through the system. It was good advice. We hired an attorney who knew what we should do, what son should do, and in the end he completed the diversion program that that state (Kansas) had for juvenile offenders like him. Knowing how helpful that was, I would immediately get legal help and counsel for anything more serious than a traffic ticket. And even sometimes a traffic ticket can use the help of an attorney.

[KG]

31. 1. Don't Talk to the Police

2. Don't Talk to the Police

3. Don't Talk to the Police

4. Don't Talk to the Police

Infinity: Don't Talk to the Police

[librechik]

32. omg. So sad.

[reggie the dog]

34. great advice

[RUMMYisFROSTED]

35. WooHoo...an Attorney!

:woohoo:

Did you mean Public Defender?

Or did you mean Private Counsel?

[Cleita]

38. Good advice, not only for situations like this but

in other life venues as well. It's always good to have a spokesperson, who is on your side in a conflict, whether it be a lawyer or a union rep at the job.

[quinnox]

40. Or if you do talk, be very careful what you say

Sometimes you might have to talk a little. But if you do, don't admit anything or say you did anything. They can use anything you say against you. Its best to not talk at all, but if you do, be very careful with your words.

[truebrit71]

44. Do not talk to the police. Period.

Watch the video linked in this thread.

Do Not Talk To The Police.

[wildbilln864]

86. "Sometimes you might have to talk a little."

No you never do. Do not talk to the police! You're never required to say anything and what you do say can be and will be used against you!

[Warren Stupidity]

106. Aside from identifying yourself - nothing.

Lawyer up. Do not say anything other than "I refuse to speak until my attorney is present". You do not have to and should not 'talk a little'.

[duhneece]

41. "Am I under arrest or am I free to go?"

At an international drug policy reform conference I attended, they offered a forum where we all ended up yelling this "am I under arrest or am I free to go?" over & over again. It is FIRMLY implanted in my brain...we'll see if it's still there when & if I get into legal trouble!

[WolverineDG]

42. I can't even tell you the number of times I had a case that could have been thrown out

but for my client voluntarily talking to the cops, letting them search their car/home without a warrant, & signing a confession.....then turn around & yell at me because all I could get them was a "crappy" deal. :eyes:

Don't say anything, don't volunteer information (& be DAMNED SURE NOT to say something stupid like "I can't believe after all that, you didn't find my pot." :banghead: ), & don't let the cops search your car "just because it's standard procedure." It's not!

dg

[Taverner]

43. Exactly. You give them name, you license, and ask to speak to an attorney

[JDPriestly]

45. There is a video available on how to deal with the police.

I strongly support the OP.

Some years ago, our house was burglarized. At the time, there were active gangs in our area of the city. The intruders wrote graffiti on a bedroom wall which was empty but had formerly housed one of our daughters.

One of our daughters was living with while in a pre-med program on a full tuition scholarship at a very good university near us. She had gone to college on an early admission plan and therefore looked and was very young.

An officer (after hours of waiting) came to our house to interview us about the burglary. When he saw our daughter he, of course, tried to "put two and two together" (gang graffiti and pretty young girl) in a rather simplistic way and started intimating that our daughter might have gang ties. He was utterly off base, utterly wrong, and it was really sickening -- insulting. He was discriminating against us based on the neighborhood of course. What stupidity -- an absolute waste of time.

As far as I know, the burglars were never identified. Police time was wasted and we were made to feel like criminals although it was our house that had been invaded and from which an item of some value had been stolen.

So, be very careful about the police -- even if you are the victim you can find yourself being accused. Most police officers do a good job and mean well, but, it's a mean old man's world out there. You can't pour your heart out to someone just because he wears a uniform. Be very careful.

[safeinOhio]

46. Things I learned being married to a cop

They, pretty much think all non cops are dirt bags until proven other wise.

They think the law only protects cops.

If they can trick you into anything, they'll wear it like a badge and laugh about it with the other cops.

If you happen to bring up your Constitutional rights, they will roll their eyes. Yet, they'll be the first ones to bring up their rights.

Many of them think they are in the biggest gang in the country. That is, if screw with any one of them, you have screwed with all of them.

[Dawson Leery]

100. Thank you for confirmation.

Did I mention that I am 100% opposed to their unions?

[Logical]

48. NEVER trust a cop. Never. And I used to be one. n-t

[a kennedy]

49. I saved this discussion from DU on 9-21-09 very good advice....

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x6598990

[Hotler]

76. kicking n/t

[aggiesal]

54. Completely agree, ...

They will take the path of least resistance. They always do! It's human nature.

Once they believe you're the suspect they're looking for, all other investigations stop
except getting you convicted. They will do what they can to get you convicted, because
you've become the path of least resistance. Forget about the evidence that exonerates you,
they've got evidence that will convince a jury that you're guilty .

[katty]

57. I've always said that: Say NOTHING and call your attorney or

Legal Defense Fund attorney in your area or local ACLU IMMEDIATELY.

[BetsysGhost]

108. Phone numbers for

local ACLU are not listed. Regardless, they would not take your case.

[thucythucy]

58. If you are a person with a disability

this is an especially important lesson to learn and remember. Robert Perske is a retired minister who specializes in cases where people with disabilities, especially those identified as "mentally ill" or "mentally retarded" are framed for crimes they couldn't possibly commit, because they're duped or coerced into making a "confession" without an attorney present.

Perske and the people he works with just recently won a posthumous pardon from the state of Colorado for Joe Arridy, who was executed for a crime he didn't commit. Richard LaPointe has spent years in prison in Connecticut for a crime he didn't commit, all because he "confessed." LaPointe assumed the police were his "buddies" and like many people with developmental disabilities he'd been trained to be compliant to authority figures. So when they told him to confess, he did. When they told him to sign on the dotted line, he signed. He'll probably spend the rest of his life in prison because of that (the prosecutor had asked for the death penalty).

You can check out the details of that case by going to http://www.friendsofrichardlapointe.com.

So yes, the OP is spot on. Never ever ever talk to the cops if you are a suspect or think you are a suspect of a crime, until your attorney arrives on the scene.

As Lenny Bruce once famously said, "In the Halls of Justice, the only justice is in the halls."

[obxhead]

59. Even when the attorney shows up say as little as possible.

Fuck the police and their methods of interrogation.

[blkmusclmachine]

62. Gestapo

n/t

[catrose]

65. Not only

"anything you say can and will be used against you," but NOTHING you say will be used to clear you. Say nothing until your lawyer is present. Then s/he'll tell you to still say nothing.

[rhett o rick]

67. The tough part is when you think you are being asked to help and dont think

it is related to you. For example, a police officer comes to your door and says that something happened in your neighborhood and wonders if you saw or heard anything. Your cooperation here may be used against you. There was a case like this near Seattle decades ago. The man didnt guess that he mite be suspected. He told the police what he heard and saw and ended up in prison for life. I think he later got released.

It is easier to remember to ask for council when you think you are a suspect than when you think you are just helping out.

[Lydia Leftcoast]

69. Another piece of advice that my mother, the daughter of an attorney, gave me:

NEVER SIGN ANYTHING unless your attorney has looked it over.

This has to do not only with statements in criminal matters but also settlements in civil matters. If you're suing someone and are in the right, the other side's attorneys will try to trick you into signing a settlement that gives you less than you deserve.

[Honeycombe8]

71. DAVIS HAD AN ATTY WITH HIM when he went to PD. He was not...

interrogated by the police when he turned himself in. I don't know if that's because of his attorney. I don't know if he submitted a written statement or oral statement or anything, but then didn't answer questions.

In the end, it hurt him not having been questioned by teh PD. But maybe the police chose not to interrogate him because of the attorney.

I think the thing to do is answer questions & be cooperative, while having your attorney present. Unless the case against you is so bad, or you are so guilty, that the attorney advises not to answer any questions at all.

[yurbud]

72. wow--I hadn't heard that little detail. At the very least, that would be grounds to take the death

penalty off the table.

[cheapdate]

74. "I'd rather that you didn't" That's my favorite answer

to the question "Do you mind if we search your car?" It's non-confrontational but it puts it on record that the search was without consent (they're going to search you anyway.)

[Occulus]

89. "You may not search my vehicle" is just as non-confrontational and much less ambiguous. n/t

[Politicalboi]

80. I guess I was lucky when I got pulled over

For a brake light that doesn't even need to be there was out, and the cop smelled pot. He asked me about it, and I handed my small stash to him, he gave it back to me, and he checked my eyes and let me go. I live in Ca and am a med patient. He didn't even ask to look at my prescription. I feel to avoid any problems, is to answer them. I would think if you start asking for your attorney, they are going to make it rough. I guess it could have gone either way for me, but I was lucky.

[Nikia]

81. I don't know if that would have helped us in my husband's case

Four years ago, my husband was arrested for marijuana. The police had a search warrant. Several officers with drawn guns were involved. An informant said that my husband sold marijuana and cocaine from our home. He showed them exactly where the marijuana was. He probably did talk to them to much, but he wanted to get across that there was no cocaine involved and that I wasn't involved either. He did not want me to get arrested, our dog shot, or our house trashed.
I was at work at the time of the search and arrest. They called me to come so that they could "release the house." I ended up talking them because I was afraid that asking for a lawyer would make them think that they should arrest me. I did not get arrested despite being unsure of what to say at some points. My husband's lawyer, listening to tape, said that they were trying to get me to say something that would get me arrested and that I was lucky that I did not.
My husband ended up pleading no contest to the felony charge in exchange for very little jail time. Maybe saying less would have only led to misdemeanor possession.
The whole experience has left me very nervous every time that I see a police officer.

[AtheistCrusader]

82. Name, rank, serial number.

Nothing else without legal cousel.

(Though, you do have to state, after a recent SC decision, specifically, that you are invoking your 5th amendment right to be silent.)

[brewens]

85. Had a guy that would have been a warden in the California

prison system tell me that years ago. He was one of the good ones in the system. One of the biggest rednecks of all time to come out of my Idaho high school. Got a law enforcement degree, married a black woman and did a 180 after he worked at one of the prisons for awhile.

There was no doubt in his mind that there were a lot of innocent people behind bars. He said if you get stopped by the cops and questioned to keep you mouth shut. Even just telling them where you came from might put you at the scene of a crime. Say you were at a mall where someone was robbed, knowing nothing about it but you match the description of the guy? Telling them you were just there may be the only way they could have ever found out.

That's something a lot of white people don't understand. A guy like me in Idaho has about zero chance of getting locked up like that. It happens every day to minorities in urban areas.

Oops. Edited to say the future warden passed away at 50 from complcation from what should have been routine sujury.

[1620rock]

87. Cops are nothing more than legal Nazis.

[shireen]

101. STRONGLY disagree

I realize many people here have had bad encounters with cops, and it's very unfortunate that those cops have abused their authority.

But to generalize it the way you did is utterly grossly unfair.

In my few encounters with cops, they have always treated me with courtesy and fairness. Even the ones that pulled me over for speeding. Two cops who responded to my 911 call when i was seriously ill were extremely kind and supportive, and helped me stay calm (had trouble breathing) till the ambulance got there. I will always be grateful to them.

There are bad cops, but there are also good cops. So I'm speaking out in defense of the cops who helped me, and the ones that treated me fairly. They don't deserve to be called such a vile name.

[udbcrzy2]

103. If you have any trouble who is the first person you are going to call?

911. So, they are not all bad. But, I do think there are some crooked cops and have only ran across one so far.

[Hoosier Daddy]

88. Agreed!

100%

[lonestarnot]

90. You can talk!

"Get me my attorney" or "where is my attorney?" until you get one."

[Deep13]

91. But if you're innocent then you've got nothing to hid, right?

AAAARRRGGGHH! Wrong. First, everyone has something to hide: privacy. Second, it's when you are innocent that you most need your rights protecting because there is no guarantee that the cops 1. know what they are doing or 2. give a shit about the truth. I was a felony prosecutor for eight years for appeals and the cops always had a pat answer for everything. Granted, the defendants lie a lot. But so can cops. There is tremendous pressure "to close the case" especially if it is a homicide.

[Cronus Protagonist]

95. Don't do it WITH an attorney either

If your attorney is OK with you talking with police while he's present, fire him and get a better attorney. Never talk with the police PERIOD. I can tell you from personal experience that a strict no convo policy is always the most effective at reducing the time you're inside and in their clutches.

The main purpose in a cop wanting you to talk with them is to get you to incriminate yourself. Just don't EVER do it.

[akbacchus_BC]

96. So true, especially in today's climate with law enforcement!

[provis99]

97. you should even avoid talking to a cop, even if you called 911.

My brother called 911 at his old apartment building while I was visiting him, because a drug dealer right outside the hall was beating up a client (I don't know why). Calling 911 was a mistake. When the cops got there, they arrested the drug dealer, but also knocked on my brother's door and told him, in full view of the drug dealer, that since he had called 911 he needed to give a statement. I shut the door in the cop's face and told my brother we did not have to answer the door. My brother had to quickly pack up that night and move out of his apartment, as the drug dealer was likely bailed out by his boss, and knew who had called 911.

[coalition_unwilling]

102. I'd say stay out of Georgia or you could be next - n/t

[Deep13]

109. You have to be absolutely unequivocal in requesting counsel.

"Get me a lawyer."

"I will not talk without a lawyer."


You're 5th Amendment rights will NOT be triggered by--

I think I need a lawyer--expression of subjective mental state, not invocation of right to counsel

do I need a lawyer?--that's a question and does not assert anything

Maybe I should have a lawyer--again, it's contingent, not an unequivocal assertion

Even "I'd like" and "I want" are gray areas.

[davidthegnome]

112. What happened to Troy Davis was terrible

Beyond terrible, words can't really do it justice. A lot of it, I believe, has to do with police wanting to (perhaps needing to) protect their own. They believed him guilty, so he paid with his life. Even the Supreme Court wasn't going to open that barrel of worms, they'd rather go through with the execution of a possibly innocent man - as they proved.

That blue wall is strong, it's strong because in many instances men and women who rely on each other in life or death situations would do nearly anything for each other. It's the bond that police officers often have, they see things on a routine basis that most of us only read about or see on television, it's my opinion that it creates a practically universal code. Of course, it's also their job to make as many busts as possible, guilty or innocent doesn't come in to it quite as much for them. It's for the court to decide, ultimately.

Excellent advice from the OP - I'm far from an expert on law, but even I know that much - though it certainly takes on a new meaning after recent events.

The ultimate question of Davis's guilt or innocence will probably never be answered now. What is clear from this case is how far police will go in protecting their own and how nervous the supreme court is to get involved in such cases, which can be seen from their hesitancy to render a final decision. They (the state) could have executed him even before the supreme court finished deliberating - which is probably what the "justices" were hoping for.

I have respect for most of the cops I've known, usually just decent people doing their jobs, which are generally none too pleasant and they rarely are viewed with anything but suspicion from the general populace. There are of course, justifiable reasons for the way they are often viewed. Still, I would never want to be in a situation where I was anywhere near a cop's death, regardless of the cause or circumstances. It is clear that zeal and fanaticism as well as the overprotective blue wall of silence have played a heavy and sad role in this case.

Taking race into consideration, I wonder if things would have been handled differently if Davis had been white, or even a white woman. Conservatives, most likely, would've been somewhat more inclined to believe in the possibility of their innocence... even plenty of "liberals" would have viewed it much the same way. I think one of the really sad things about this case is that it displays our remaining National ignorance for the world to see. In a sticky situation like this was, so many of us would rather let a possibly innocent man die than take a good look at what the hell really happened or what should be done in response. There aren't many attorneys that would want to be anywhere near that case - and for good reason. Defending a suspected cop killer is dangerous work.

Altogether... what a god damned tragedy. The people of America deserve more from their supreme court, their police force... and from each other in general.

[Dawson Leery]

114. Regardless of your personal situation, most of us still view cops with suspicion.

You can see a select groups of coppers cheer at Mr. Davis' death. No consideration for the witnesses recanting their testimony.
Of course, to make this consideration, the coppers will have to concede corruption within their own ranks, which the blue wall prevents.

http://www.policeone.com/corrections/articles/4410769-Timeline-Troy-Davis-execution/

Police unions are the one union I oppose.