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Never talk to the police

campolalaw.com

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Re: Never talk to the police

#111

Post by SoftTalker »

jfengel wrote: post #68
buellerbueller wrote: post #33

Earlier quoted context omitted.

if they are going to fabricate evidence, why do you think they wouldn't also do that if you do talk to them and you already match whoever they are looking for? Your position is just bonkers.

If they don't have it out for you to start with, answering their questions can get you out of it. If they pull you over and you just answer their questions, the odds are that they will just send you on your way, eventually. But if you start invoking your rights and they think you have something to hide, they can easily find an excuse. "I smelled alcohol" is a popular one. If you refuse the test, they can invoke the s…

Every interaction I've had with the cops has been something like:

Cop: I pulled you over for speeding. May I have your license and registration please.

Me: (Hands over documents)

Cop: Where are you headed tonight?

Me: On my way home

Cop: Have you been drinking tonight?

Me: No sir.

Cop: walks back to his car, does whatever they do, comes back with either a ticket (which, honestly, I deserve) or a warning.

That's not to say there's never a situation where remaining silent and lawyering up is your best move, but I do not see how refusing to answer these questions or blustering about "my rights" is going to result in any better outcome in a typical roadside traffic stop.

Re: Never talk to the police

#112

Post by sixothree »

mcmcmc wrote: post #27
Maxatar wrote: post #23

Earlier quoted context omitted.

If you genuinely have evidence as a witness that can help police solve the case, then you get an attorney present.

Not everyone has attorney money.

Being poor means being powerless in every situation that might arise.

Re: Never talk to the police

#113

Post by Spooky23 »

Brendinooo wrote: post #62
Spooky23 wrote: post #35

Earlier quoted context omitted.

4 doesn't really happen, unless you're a mandated reporter and don't report child abuse. I used to have to testify in civil and criminal proceedings a few times a year as part of my job. If you aren't trained to talk to police or adversarial attorneys, don't. The magic is essentially talk to them like you would a call center agent. One topic per interaction. Use simple language. Answer a question directly. "He went t…

>I have a colleague who has been ordered to appear at some court in the Bronx for a traffic accident two years ago that he helped with, that turned out to be an insurance fraud case. Sorry, I'm not following exactly: your colleague was ordered to appear because he was genuinely involved in something bad, he was falsely set up as being involved in something bad, or he's helping to litigate an insurance fraud case?

He was a bystander who stuck around and tried to do the right thing. The people charged decided to go to trial and now he’s on the hook to show up and answer stupid questions under oath.

The objective of the defense is likely to have him not show up.

Re: Never talk to the police

#115

Post by cryptonector »

dang wrote: post #3

Related: Don't Talk to the Police (2012) [video] - https://news.ycombinator.com/item?id=45317167 - Sept 2025 (2 comments) Don't Talk to the Police - https://news.ycombinator.com/item?id=24754163 - Oct 2020 (1 comment) Don't Talk to the Police - https://news.ycombinator.com/item?id=23390344 - June 2020 (6 comments) Don't Talk to the Police – James Duane - https://news.ycombinator.com/item?id=19717507 - April 2019 (4 c…

There is a reprise, too. In 2014 the SCOTUS weakened 5A rights significantly, so now you are best off asserting your 6A rights (i.e., say you won't talk without your lawyer present, and then really don't talk).

Re: Never talk to the police

#116

Post by cryptonector »

Brendinooo wrote: post #26
digitalPhonix wrote: post #20

Earlier quoted context omitted.

The point of the article (and any similar advice) is that 4 is not possible

The police couldn't creatively turn a five-minute interaction into my day/week/month getting wrecked? You can be held for ~2 days without charges being filed, right?

Losing days is better than losing decades.

Re: Never talk to the police

#117

Post by cryptonector »

SoftTalker wrote: post #111
jfengel wrote: post #68

Earlier quoted context omitted.

If they don't have it out for you to start with, answering their questions can get you out of it. If they pull you over and you just answer their questions, the odds are that they will just send you on your way, eventually. But if you start invoking your rights and they think you have something to hide, they can easily find an excuse. "I smelled alcohol" is a popular one. If you refuse the test, they can invoke the s…

Every interaction I've had with the cops has been something like: Cop: I pulled you over for speeding. May I have your license and registration please. Me: (Hands over documents) Cop: Where are you headed tonight? Me: On my way home Cop: Have you been drinking tonight? Me: No sir. Cop: walks back to his car, does whatever they do, comes back with either a ticket (which, honestly, I deserve) or a warning. That's not t…

If you're heading home then he'll want to know where from. Oh, a restaurant? Did you have anything to drink? I smell alcohol! Step of the car please. That's one way it can go, and then he can say you were wobbly on your step and now it's a DUI. People have gone to prison for DUIs where they blew a 0.0. You really have to gauge whether the cop is having a bad day and taking it out on you, then figure out how to best respond. I've had very little experience with this, so I can't quite tell you, but you'd want a lawyer's response anyways.

Re: Never talk to the police

#118

Post by Brendinooo »

Spooky23 wrote: post #113
Brendinooo wrote: post #62

Earlier quoted context omitted.

>I have a colleague who has been ordered to appear at some court in the Bronx for a traffic accident two years ago that he helped with, that turned out to be an insurance fraud case. Sorry, I'm not following exactly: your colleague was ordered to appear because he was genuinely involved in something bad, he was falsely set up as being involved in something bad, or he's helping to litigate an insurance fraud case?

He was a bystander who stuck around and tried to do the right thing. The people charged decided to go to trial and now he’s on the hook to show up and answer stupid questions under oath. The objective of the defense is likely to have him not show up.

I mean...if the correct outcome is rendered and the fact that he stuck around to help and went to court to testify about it is part of the reason why...why would you portray that as something negative?

Re: Never talk to the police

#119

Post by hoppyhoppy2 »

onraglanroad wrote: post #99
mcmcmc wrote: post #27

Earlier quoted context omitted.

Not everyone has attorney money.

Do you not live in a country where they are obliged to provide one?

In the U.S. that applies to criminal defendants, not to people who witnessed a crime and aren't being charged with anything at the moment.

Re: Never talk to the police

#120

Post by Brendinooo »

SoftTalker wrote: post #110
buellerbueller wrote: post #107

Earlier quoted context omitted.

You make up a ton of hypotheticals to support your point, versus a lawyer and a retired detective (video in the link) who tell you explicitly to never talk to cops .

Neither of whom are disinterested. The lawyer wants you to hire him to talk to the cops for you, and the retired cop is earning money by giving his "don't talk to the cops" speeches.

Yeah, this is what I was thinking as well. Of course the lawyer says to get a lawyer. The insurance salesman will tell you how important insurance is. The security expert will tell you about the grave importance of MFA and password managers. The electrician will tell you why it's best to let the electrician handle all of the wiring. The epidemiologist is more likely to wear a mask and stay at home.

It doesn't mean any of them are wrong, but experts in their respective fields are most aware of the edge cases, they might not be optimizing for what everyone else is optimizing, and they cost the most: and sometimes that cost is an opportunity cost, be it time, money, knowledge, etc.

My original reply was an attempt to prove at that.

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