"Don't Talk to the Police", the video by James Duane linked in the article, is essential viewing. It's so succinct and cogent, I end up rewatching it usually on a yearly basis because I have it saved locally.
His tips only work if ur white tho
What to do if you’re stopped by the police
21–30 of 194 posts
Re: What to do if you’re stopped by the police
#22Main problem with this advice is, I can either assert my rights on principle, be detained, possibly held in lockup, deal with the lawyers and courts... Or I can just let them look in my empty trunk. I say this with full awareness of how fucked up it is, but your bet is to be white and polite.
Your trunk may well not be as empty as you think it is.
The ability for police to detain you on no evidence is slight. And your opportunities for damages increase rapidly.
Re: What to do if you’re stopped by the police
#23> "I'm going to remain silent. I'd like to see a lawyer." On TV shows, the guy would then call his lawyer, who is under a retainer or something. The lawyer has all the context on exactly what's going on, and tells him exactly what to do, and he gets off free. But as someone who doesn't have a lawyer, what exactly happens if and when the cop agrees to this? Are they obligated to provide me with a lawyer? Or do I need…
Anything you say after "I want a lawyer" isn't admissable in court. A smart cop would end their questioning there.
Re: What to do if you’re stopped by the police
#24Good advice, and that "Don't Talk to the Police" video is a classic must-watch for everyone who comes of age in the US. One other thing which goes along with being polite and courteous, never lie outright to an officer. Use weasel words like, "not that I can think of" or, "I'm not sure why you would think that." That might sound suspicious at first glance, but they'll assume in the moment that just about any direct s…
> One other thing which goes along with being polite and courteous, never lie outright to an officer. Use weasel words like, "not that I can think of" or, "I'm not sure why you would think that." That might sound suspicious at first glance, but they'll assume in the moment that just about any direct statement is a lie, anyways.
If you're thinking about clever hacks to use when you're talking to the police you're doing it wrong.
(Unless you're AL, IANAL etc.)
Re: What to do if you’re stopped by the police
#25Every time something like this comes up I'm reminded of one time I was stopped by a police officer walking down the street. I felt a tap on my shoulder, turned around and was greeted by an officer in uniform, I wracked my brain trying to remember what I'd read on the internet about talking to the police and was just about to blurt out "Am I under arrest or am I free to go officer?" When he told me: "You dropped your…
The article recommend to start the conversation with
> Good {morning, evening}. How are you officer?
Re: What to do if you’re stopped by the police
#26Main problem with this advice is, I can either assert my rights on principle, be detained, possibly held in lockup, deal with the lawyers and courts... Or I can just let them look in my empty trunk. I say this with full awareness of how fucked up it is, but your bet is to be white and polite.
> Or I can just let them look in my empty trunk.
And they proceed to literally tear apart your car with a knife, or if you're really unlucky, they plant evidence there.
Re: What to do if you’re stopped by the police
#27> "I'm going to remain silent. I'd like to see a lawyer." On TV shows, the guy would then call his lawyer, who is under a retainer or something. The lawyer has all the context on exactly what's going on, and tells him exactly what to do, and he gets off free. But as someone who doesn't have a lawyer, what exactly happens if and when the cop agrees to this? Are they obligated to provide me with a lawyer? Or do I need…
> what exactly happens if and when the cop agrees to this?
I don't believe they are obligated to provide you with a lawyer. A court is obligated to do this; the police aren't.
The point of this advice is to make sure that you don't say anything to the police, or -- if you do -- to get it thrown out of court. Because of some bad precedent, you need to make the statement that you do not wish to answer their questions as explicit as possible. You actually don't need to request a lawyer, but doing so has some beneficial effects.
What happens?
The police may ignore your expressed desire to remain silent and continue questioning you. If you are resistant to social pressure, this doesn't matter. If you aren't, you may keep answering them. Your answers should be inadmissible in court. They may not be, based on some potential arguments by the police:
- We didn't understand that he wanted to remain silent. His wording was too confusing. (This is why the advice here tells you to use the words "remain silent".)
- We stopped the interview, but then we started another one and he spoke to us willingly.
That second point is much harder for them to argue if you expressed that you did not wish to speak to them without benefit of counsel. There is no clear line to draw between the end of one interview and the beginning of a second interview after the interviewee has had a change of heart. but it is in fact obvious to the police, even in the eyes of the court, that once you've said "I will not speak to you without the advice of a lawyer", a second interview begun before you've had the opportunity to speak to a lawyer is illegitimate.
Re: What to do if you’re stopped by the police
#28Good advice, and that "Don't Talk to the Police" video is a classic must-watch for everyone who comes of age in the US. One other thing which goes along with being polite and courteous, never lie outright to an officer. Use weasel words like, "not that I can think of" or, "I'm not sure why you would think that." That might sound suspicious at first glance, but they'll assume in the moment that just about any direct s…
The thing is, you shouldn't be getting to the stage when you say "not that I can think of" because you shouldn't ever talk to an officer other than to answer basic questions about your name, etc.
Re: What to do if you’re stopped by the police
#29Former cop here. The article states "You cannot lie to the police". This is, generally, incorrect. Some jurisdictions may have some specific law, but other than certain exceptions, lying has no general consequence. If it did, there would be a lot more charges against pretty much everyone who has been arrested. In my experience, people will lie about stuff that's not even relevant, or helpful to them. Exceptions inclu…
IANAL but my understanding was that lying to the police opens you up to obstruction of justice charges -- or perjury.
For instance, I learned from law professor James Duane's video that Martha Stewart would have completely avoided prison time if she had not lied to investigators.
https://www.youtube.com/watch?v=d-7o9xYp7eE&feature=emb_titl...
Re: What to do if you’re stopped by the police
#30Main problem with this advice is, I can either assert my rights on principle, be detained, possibly held in lockup, deal with the lawyers and courts... Or I can just let them look in my empty trunk. I say this with full awareness of how fucked up it is, but your bet is to be white and polite.
> Or I can just let them look in my empty trunk.
There is a significant chance that if you assert your rights you will shortly be let go and if you let them search it will be a lengthy process. There is a non-zero chance that evidence is planted during a search. If you or any of your passengers (present or past) are drug users there is a non-zero chance that legitimate drug residue is in your vehicle. If you purchased your vehicle used there is a non-zero chance the previous owner left drug residue in it.
In my opinion having a police officer search a vehicle is more risky than asserting your rights.