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Never talk to the police

campolalaw.com

121–130 of 154 posts

Re: Never talk to the police

#122

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.

Isn't that the system working as expected? Presumably a more just outcome is more likely because of your colleague's testimony.

Re: Never talk to the police

#123

Earlier quoted context omitted.

Actually it can help me if it helps solve a crime. The solving of a crime is good for society, actually. I live in a society, after all

Prevention of unethical behavior is good, but the scenario we are talking about is primarily police investigating you.

OK, but that's a huge caveat that is never stated when we have this discussion, isn't it? "Don't talk to the cops when they're investigating you" is massively different from "don't talk to cops, ever".

And yeah, I know, it may not always be obvious whether they are investigating you, especially if they are willing to lie or be deceptive. (If they're really investigating you, you may not even realize that you're talking to cops.) On the other hand, it might be clear enough sometimes that they are not for me to be willing to talk to them.

Re: Never talk to the police

#124

[flagged]

In the United States at least, 99% of the time when you are approached by the police, you are suspected of a crime. They are given wide latitude in using their feelings rather than facts to evaluate whether you should be taken into custody, physically harmed, or even killed. They are protected from consequences of poor decisions by strong unions and the concept of qualified immunity. There is vast evidence out there…

Yeah, um, I don't believe your 99% number. Got a source for that number?

Re: Never talk to the police

#125

Earlier quoted context omitted.

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.

Oh right. I'm entitled to a lawyer if I'm ever taken in for questioning. I didn't realise it was so different.

Can the police just question you and you have no right to legal representation?

Re: Never talk to the police

#126

Earlier quoted context omitted.

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

When I'm not a suspect? No, I don't think that I do.

That's the bit that sounds odd. Surely they can't just claim you're not a suspect yet and therefore deny you a lawyer?

Re: Never talk to the police

#127

Earlier quoted context omitted.

In the United States at least, 99% of the time when you are approached by the police, you are suspected of a crime. They are given wide latitude in using their feelings rather than facts to evaluate whether you should be taken into custody, physically harmed, or even killed. They are protected from consequences of poor decisions by strong unions and the concept of qualified immunity. There is vast evidence out there…

Yeah, um, I don't believe your 99% number. Got a source for that number?

99% is hyperbole but sadly so much of modern policing is structured to extract the maximum number of arrests. From the corridors throughout the US where local LEOs use cash rules to seize money for their own use or from some of the silly reasons police will stop you at night as a justification for further probing.

Re: Never talk to the police

#128
These topics are always far more complicated than these experts claim.

My case in point: A neighbor's child was violently mentally ill. I have made my house a safe haven for her children on occasion, and at times have gone into her house to discreetly escort them out past the violent child.

Then the police show up, either because she was able to call them, or I did.

At that point, a refusal to provide witness information to the police would increase the danger for both the child (who I stress is mentally ill, not simply being a violent asshole), the mother, and the police.

In situations involving the police reacting to 911 calls to that house, I always answer their questions. At this point, I get "I remember this guy - you're a neighbor, right?" - because we've done this dance so many times.

Another instance - I noted someone hiding (with really obvious peaks around the corner) at the side of a house while driving home. Found multiple police cars parked on and near my block. I walked up and told the first cop I met where the "hide-and-go-seek" loser was, and answered their questions about his appearance. Hell yes I wanted to answer them.

Rando policeman stopping you and asking you questions is very different from having a local emergency, and wanting your locale to be safer. Yeah, maybe in some fantasy situation the cops could have arrested me for something during that domestic situation at my neighbors, but I value her life and her kids' lives above that paranoid outlook.

Re: Never talk to the police

#129

[flagged]

It is more complex and it’s shaped by your experiences but as someone I would consider a normal American I have found across states that police tend to be fairly adversarial and unless I am reporting a crime the best policy is usually low contact.

Re: Never talk to the police

#130

>that means one of two things: 1) You are a suspect; 2) You are a possible suspect. While I suppose this is strictly true, the far more likely option for 2 is that you're a witness to the crime and you can therefore help that crime be solved. So, in a situation where I am approached by the police to answer questions about something I know I didn't do: 1. I talk, and it helps the police solve a case 2. I talk, and it…

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

Don't worry. If the lawyers prosecuting you illegally point out your silence as suspicious to the jury, the supreme court can just decide that actually this didn't impact the jury enough so your conviction stands. Great country we live in /s.
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