Hacker News Board Hacker News, browsed like a classic message board
Live data from Hacker News

Never talk to the police

campolalaw.com

Post reply on HN
Print view View original

31–40 of 154 posts

Re: Never talk to the police

#31

Post by ceejayoz »

lwansbrough wrote: post #16

It’s really important to know your rights. A lot of people think they know, but often times they don’t. And it gets those people in trouble. For example, you are required to provide identification when operating a vehicle at a traffic stop. No exceptions. Don’t get hung up on the reason for the stop, it doesn’t matter. Additionally, police can articulate in virtually any situation that they fear for officer safety, w…

> For example, you are required to provide identification when operating a vehicle at a traffic stop.

No.

https://en.wikipedia.org/wiki/Hiibel_v._Sixth_Judicial_Distr...

> The Hiibel decision was narrow in that it applied only to states that have stop and identify statutes. Consequently, individuals in states without such statutes cannot be lawfully arrested solely for refusing to identify themselves during a Terry stop.

Re: Never talk to the police

#32

Post by RickS »

thenoblesunfish wrote: post #17

Never frobnicate without a flangleharp, says the flangleharp salesman. He could be right, but you would probably want to ask someone else.

If you watch the video (which is classic and the real content here), the lawyer cedes the second half to a career detective, who agrees with him in full.

Re: Never talk to the police

#33

Post by buellerbueller »

SoftTalker wrote: post #24
Arainach wrote: post #15

Earlier quoted context omitted.

What would an example of #4 look like? Don't lie to the cops, but refusing to answer without a lawyer present should hold no legal consequences.

You don't talk, and it annoys the cop, so they fabricate evidence against you, or charge you with some other unrelated thing that they would have otherwise let slide.

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.

Re: Never talk to the police

#34

Post by lwansbrough »

Capricorn2481 wrote: post #29
lwansbrough wrote: post #22

Earlier quoted context omitted.

If you match a description and are in the general vicinity of where the crime took place, it’s enough reasonable suspicion for a detainment. Whether or not you need to produce ID at that point may vary by state but it’s likely the case in every state. If it’s legal for the police to demand your ID and you don’t, you can be arrested for failure to identify. Now they don’t have probable cause for an arrest based on the…

> If you match a description and are in the general vicinity of where the crime took place, it’s enough reasonable suspicion for a detainment If you match the description and are in the vicinity of the crime, you are not going to save yourself by talking to the police. You are already in "get a lawyer" territory.

You are detained any time your freedom of movement is interrupted. If a cop calls to you and you turn to face them, that’s a detainment. So you’re correct, you can be detained before they’ve even questioned you.

Re: Never talk to the police

#35

Post by Spooky23 »

Brendinooo wrote: post #12

>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…

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 that way." "I don't know."

Don't answer unasked questions. Don't demonstrate how smart you are. Don't try to "help". If you help, do an Irish goodbye asap.

At the end of the day or incident, the officer is going to write an incident report. You never want to stand out or be interesting that report. The more interesting you are, the more likely you are to get sucked in. 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.

Re: Never talk to the police

#36

Post by treis »

Arainach wrote: post #15
Brendinooo wrote: post #12

>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…

What would an example of #4 look like? Don't lie to the cops, but refusing to answer without a lawyer present should hold no legal consequences.

You can absolutely talk your way out of situations. Jeffery Dalhmer infamously convinced cops that his drugged victim was his boyfriend and they let him go. Probably not going to be able to do that after you're booked and in jail.

I don't think it's terrible advice to not talk to the cops but it tends to discount the reality of the world. Going through any sort of criminal trial is expensive and has devastating life impacts. Cops are the first step in that process and convincing them not to arrest you is the easy path out.

Re: Never talk to the police

#37

Post by linsomniac »

TL;DR: Never talk to the police. In fairness I'm going to give half my time to a police detective. Detective: He's right, never talk to the police.

This is a classic! it's informative but also entertaining.

Re: Never talk to the police

#38

Post by lwansbrough »

wat10000 wrote: post #28
lwansbrough wrote: post #22

Earlier quoted context omitted.

If you match a description and are in the general vicinity of where the crime took place, it’s enough reasonable suspicion for a detainment. Whether or not you need to produce ID at that point may vary by state but it’s likely the case in every state. If it’s legal for the police to demand your ID and you don’t, you can be arrested for failure to identify. Now they don’t have probable cause for an arrest based on the…

"Don't talk to police" doesn't include legally required things like identification. What you don't do is volunteer more than you're legally required to provide.

This sounds obvious but a lot of people don’t understand this.

Re: Never talk to the police

#39

Post by thayne »

But lawyers are expensive, and if it turns out you are just a witness, you are going to be spending a lot of money for nothing.

And then consider if you are are the spouse or parent of a murder victim or missing person, and are innocent. You are almost certainly going to be a potential suspect, but you also want to help them find the actual criminal, and if hiring a lawyer makes you "look guilty", then the police might focus their investigation on you rather than finding the real perpetrator.

Re: Never talk to the police

#40

Post by normalaccess »

FireBeyond wrote: post #21
normalaccess wrote: post #8

Sometimes it's smart to be silent. Pro 17:28 Even a fool, when he holdeth his peace, is counted wise: and he that shutteth his lips is esteemed a man of understanding.

Note that in the US, you need to verbally assert your right to remain silent. Merely being silent means the prosecution is able describe your communication as "refused to cooperate with or answer questions from law enforcement" which is a "negative" finding, whereas the right to remain silent is at least meant to be interpreted neutrally.

That is a very good point depending on the situation. On the flip side, abstaining from the process and remaining silent (but still compliant) can put a spotlight on injustice if there be any.
Post reply on HN