151–160 of 172 posts
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If you go talking to police about a crime you're accused of there's a good chance you'll need a lot more help from a lawyer than if you'd said nothing.
How do you know what you are and are not accused of?
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It's not. https://en.wikipedia.org/wiki/Obstruction_of_justice Obstruction of justice is knowingly lying to the police. By not saying anything, by definition, there's no way you can lie.
Fine, then your omission can be considered aiding and abetting. My point is that of you want to follow a rule like 'never talk to the police' dogmatically, with no context, that in and of itself can put you in a worse position than before. 99% of the time, it's best to just request a lawyer, but not 100%. https://en.m.wikipedia.org/wiki/Aiding_and_abetting
If you're not involved and don't know anything, how are you aiding anything? Just the statement "I saw a guy running" could land you in court.
tbqh i'm more worried about being gunned down by the police than being arrested or being searched at this point. exhibit A: https://twitter.com/ShaunKing/status/939014159726870530 (warning to system-believers: the link contains video of police executing a prone, face down, unarmed, nonviolent, nonresisting, white male; the officer was acquitted)
So, the situation in the video goes like this: (1) police had reason to believe that the man was armed and (2) man made a movement that was looking like he was reaching for a firearm. Now, what police should do in a situation which combines data points (1) and (2)?
Moment you start yelling you've lost control of yourself. For a police officer with a weapon drawn that's a dangerous and career ending situation.
Most of these cases would be trivially solved by police taking two steps back hiding in safety behind a corner while the situation calms down.
Or here is a new idea: take a risk, after police here is to protect others, NOT themselves.
As someone who has been through the criminal justice system a handful of times, here's what I always tell people: If you are approached by a policeman/woman, you don't need to say anything other than, "I'm going to ask you to refer all questions to my counsel as I'm not prepared to handle or able to answer any questions you may have." Don't have counsel? Get some. Can't afford any? Tell the policeman/woman that you'l…
I've heard this advice a lot. Have you ever followed this in real life? How did it work out for you? I worry that cops have the potential to make my life very unpleasant if I annoy them.
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I've heard this advice a lot. Have you ever followed this in real life? How did it work out for you? I worry that cops have the potential to make my life very unpleasant if I annoy them.
Yes. All the time. They get annoyed. Sometimes they shout or make empty threats. Eventually they tuck their tails between their legs and run off, realizing that I have no interesting in giving them any ammo against me.
When I was still a teenager, they threatened to ring the door bell and wake up my parents.
Like, what?
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They can't arrest you without probable cause. Especially if you are inside your house.
They absolutely can arrest you without probable cause. It’s illegal but that is to be decided later - and your case may never be decided if they find some excuse after the fact to legitimize an illegitimate arrest. This is made easy by the protectionism that happens amongst the police.
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[citation needed] Article 8 of the ECHR seems to require a court orders of some kind: https://en.wikipedia.org/wiki/Article_8_of_the_European_Conv... Not all European countries have the same exact rules as the US, some have stronger privacy in some areas and some have weaker in some areas. But the US isn't exactly a poster child for privacy. Granted US rights on unlawful searches are for the most part decent.
https://en.wikipedia.org/wiki/Search_warrant#United_Kingdom > In England and Wales, a local magistrate issues search warrants, which require that a constable provide evidence that supports the warrant application. In the majority of cases where police already hold someone in custody, police can search premises without a search warrant under Section 18 of the Police and Criminal Evidence Act (PACE), which requires onl…
The general concept is the same. Your original comments said:
> "not everyone has rules where the police need a warrant to search your home or vehicle".
EU membership nations have laws that require search warrants in some form. Most exceptions to this are reasonable, narrow and well defined. Similar to exceptions in the US: https://en.wikipedia.org/wiki/Warrantless_searches_in_the_Un...
Your original comment:
> "not everyone has rules where the police need a warrant to search your home or vehicle".
Suggests that this is not the case in Europe.
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https://en.wikipedia.org/wiki/Search_warrant#United_Kingdom > In England and Wales, a local magistrate issues search warrants, which require that a constable provide evidence that supports the warrant application. In the majority of cases where police already hold someone in custody, police can search premises without a search warrant under Section 18 of the Police and Criminal Evidence Act (PACE), which requires onl…
> but the laws work differently The general concept is the same. Your original comments said: > "not everyone has rules where the police need a warrant to search your home or vehicle". EU membership nations have laws that require search warrants in some form. Most exceptions to this are reasonable, narrow and well defined. Similar to exceptions in the US: https://en.wikipedia.org/wiki/Warrantless_searches_in_the_Un..…
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> but the laws work differently The general concept is the same. Your original comments said: > "not everyone has rules where the police need a warrant to search your home or vehicle". EU membership nations have laws that require search warrants in some form. Most exceptions to this are reasonable, narrow and well defined. Similar to exceptions in the US: https://en.wikipedia.org/wiki/Warrantless_searches_in_the_Un..…
I am surprised to learn the only countries in the world are EU member states and the United States.
I keep rewatching this video every now and then, very recommended if you're from the U.S. I wonder how much does all this information apply to other countries (for instance, in the EU).
The main principles apply to all EU countries, the details differ. Each member state implemetns these thigns differently but they must comply with the European Convention on Human Rights See 24/67 Guide on Article 6 of the Convention – Right to a fair trial http://www.echr.coe.int/Documents/Guide_Art_6_criminal_ENG.p... >119. Anyone accused of a criminal offence has the right to remain silent and not to contribute to…