Do people know they do not need to talk to the police?

[Logical]

I have read about 100s of cases where the police question a suspect for 12 - 18 hours straight. Many of these people had nothing to do with the crime. Some have even confessed during this questioning because they just wanted to end the questions. And are later found innocent.

I wish High Schools would teach this from day 1, "You do not have to talk to the police, ask for a lawyer"

But too many people in this country 100% trust the police and the legal system. And I am sure suggesting to anyone that we need to warn students not to trust the police would cause an uproar.

Tell your family to watch this series of videos from "Flex Your Rights", Very helpful!

http://www.youtube.com/user/FlexYourRights?feature=watch

[elleng]

1. Many/Most probably don't know this,

and of those who suspect it, many are likely intimidated by the appearance of authority.

EVERY school should use such videos.

[pnwmom]

2. Thanks for this. I have a smart, educated friend who forgot this

at a critical moment in his life and then found himself in a world of pain that continues to this day.

The police questioned him while he was in a state of shock and despair -- too dazed to even think of contacting a lawyer, never imagining that he would need one. Four years later, there was a hung jury -- 11 to 1 for acquittal -- and the state has decided to prosecute him again. What a nightmare. And it all could have been avoided if he'd demanded to talk to his lawyer.

[Logical]

4. So sad. And the damn legal system has all the tax payer money they need to harass him forever. It...

is a rigged system that most Americans have no clue about.

It is corrupt. People are clueless.

[pnwmom]

6. Yes. Since this happened, I've found instances where defendants were prosecuted

through THREE hung juries -- and finally found guilty on the fourth attempt (at least one finally plea-bargained because he couldn't go on.)

My friend could somehow afford his first trial, and I hope he can afford this next -- but you're right, it's a rigged system. It can be shockingly unjust.

[sir pball]

3. Sometimes it's wise, sometimes it isn't.

Of course if you're being pulled into a serious situation you best lawyer up quick - but in less severe situations I've found that being polite and cooperative generally gets pretty good results. I've walked away with nothing more than a stern lecturwhere I could have spent the night in holding, because I wasn't being stubborn...then again, I usually find myself in those situations when I've been caught doing something, so I don't have much of a leg to stand on.

IMO it really depends on the situation, but not everybody is aware enough of their rights, and what's going on, to be able to make those judgements.

[Logical]

5. I agree. It is based on the tone of the questions. But I think after 2 hours it would be time to....

lawyer up.

[sir pball]

7. Oh, absolutely. Probably as soon as I got to the station.

On the flip side, I have an acquaintance whose first words on being spoken to by an officer for more or less any reason are "Am I being detained? Am I free to go? Why are you questioning me?". He worked for the Brennan Center for a while, it did taint his view of the police and civil rights - but I've seen firsthand his day get really inconvenient by pulling that stunt.

[datasuspect]

13. if you're already in custody, in the police lockup, you've lost any leverage

to "cooperate" so you can go on your way.

you clam up when the bracelets go on.

all bets are off once they take you in. it's up to the courts after that, the cops ain't shit after that point.

[ybbor]

30. "You have the right to remain silent. Anything you say can and will be used AGAINST you..."

It NEVER can help you, EVER. Watch this, long but amazing:

I've shown it to some of my students and my assistant principal to see if we should show it to all of them in Civics. We are still tying to figure that out.

[ybbor]

32. didn't see it was linked to lower down

but definitely worth the double post

[Tuesday Afternoon]

8. DU Rec

[Trillo]

9. How does one teach the right to remain silent, in a system that is designed around the compulsion of

disclosure.

The DARE program brought cops into the classroom to make humans out of them in the minds of the kids, and to socialize the kids that it was okay to talk to them when stopped. The entire nature of schools is about kids disclosing every thing they know to authority figures.

Teaching kids about their right to remain silent doesn't seem realistic in such an environment, at best it would lead to a mixed message of disclosure of information (even personal, do your parents beat you?) to teachers and on tests, but when cops are in the hallways asking questions (and detaining), or when you're stopped as an adult and detained, remain silent.

How does one teach the right to remain silent, in a system that is designed around the compulsion of disclosure?

[Logical]

14. Great points. n-t

[Kali]

10. High Schools teach civil rights? hahahhaha

sorry they are too busy training the sheep to be compliant little prisoners

[Riftaxe]

57. I get the impression that even civics courses

are a thing of the past these days, supposedly wrapped up in "social studies" courses in most districts.

[Old Codger]

11. The best

Thing to do is first ask for an attorney and then say nothing at all more than that, they cannot legally ask any more questions after that,always remember that you cannot lie to them, they CAN lie to you and will do so...

[Logical]

15. I have never understood why that is legal either. Makes no sense to me. n-t

[Old Codger]

20. If you talk

To them they will take anything you say and make it mean anything they want, they will tell you that if you did not do anything then you have nothing to worry do not listen to them ask for an attorney and shut up PERIOD.

[datasuspect]

16. they CAN whip your ass, too

depends on what you did, who you are, stuff like that.

clamming up and getting the lawyer involved can mitigate much of that though.

but if they want to be dicks, they can do whatever the hell they want. most of the time they get away with anything.

[kudzu22]

12. I do, but I suspect most do not

I sometimes watch that show First 48, which has footage of real police interrogations. I'm amazed that 90% of the cases they would have no evidence if the suspect could just STFU. On the other hand, it's probably a good thing that most criminals don't know they have that option.

[Logical]

17. True, police catch many guilty people. n-t

[UnrepentantLiberal]

31. I'm amazed by that when I watch that show.

The suspects must not watch that show or they'd know to never say anything.

[HereSince1628]

18. True, but it pisses them off

and they may do whatever they can to make your life miserable.

[davidn3600]

19. Never talk to the police

Long, but some good info here...

[demwing]

23. Thanks for posting

I was hoping someone would! An old favorite...

[Logical]

27. One of the best videos ever. n-t

[klook]

54. Vital and a classic. "I never liked *the guy*"...

Last edited Sun Mar 17, 2013, 10:45 AM - Edit history (1)

I re-watch this from time to time just to remind myself, and I've shared it with family and friends as well.

The part near the end where the cop confirms everything the prof. says is particularly enlightening.

[xtraxritical]

21. "Anything you say can, and will, be used against you in a court of law." quote Miranda.

[RoccoR5955]

22. Not to mention, that Police Officers often lie under oath!

Who are you gonna believe, a guy with a badge, or a punk in an orange jump suit?

http://www.nytimes.com/2013/02/03/opinion/sunday/why-police-officers-lie-under-oath.html?_r=0

[randome]

24. It often comes down to who seems more authentic to a judge or jury.

Staying calm and NOT acting as if you're being evasive are key.

[RoccoR5955]

45. Read the article I posted.

They just lie on purpose. You can act as calm and not evasive as possible, they will still believe the police officer over the guy in the orange jump suit.

[Orrex]

25. I think that it would useful to memorize bits of old poems for times like those.

When the cops get have you in the room and won't let up with the questioning, bust out The Hunting of the Snark and see what happens.

Ideally, you should practice in advance so that you can speak the lines in an almost conversational cadence, as though you're simply talking and these are the words that come out.


Other than that, shut your trap until the lawyer shows up!

[Nikia]

26. My experience talking to the police was traumatic, but I was afraid that they would arrest me

if I declined to answer questions and ask for a lawyer. They were questioning me at home after they arrested my husband on drug charges. I did not get arrested, although my husband's lawyer listened to the tape of the interview and said that it sounded like they were trying to get me to say something that would justify arresting me.
I guess my question is that in a situation like this, would refusing to talk encourage them to make an arrest.

[Logical]

28. Good question. I assume they did not have enough to arrest you. So probably not. n-t

[Th1onein]

35. Refusing to talk often SPARES you from being arrested!

They want you to talk so that they can find some basis upon which to arrest you. They know the law much better than you do. There will come no good from talking to them. They are NOT your friends. They are NOT in search of the "truth." They are in search of evidence to be used AGAINST you.

If you refuse to talk and ask for an attorney, that stops the process right there. If they don't have the evidence to arrest you, they must let you go. If they do have the evidence to arrest you, at that point, all you can do, by opening your mouth, is further incriminate yourself.

[kudzu22]

61. You can't talk your way out of an arrest

but you can talk your way into one.

[Nikia]

66. It's not that I thought that I could talk my way out of arrest

It's that I thought that it would seem suspicious if I refused to talk.

[Dawson Leery]

29. American schools do not teach civics.

Many Americans are foolish to blindly believe those with the authority of the government.
Also, police unions of worked to rig the system.

[kag]

33. I've tried to impress this upon my son, but...

he's stubborn, and truly believes that the cops only ever deserve his help and cooperation.

Even after my own experience with two cops lying under oath (it was just a stupid speeding ticket, but I ended up winning because the cops were such idiots), he still thinks it is his responsibility to talk to the police, give them whatever information they ask for, and trust them.

Even after playing this "This American Life" for him--a chilling tale--he still doesn't believe that it's best to ask for his parents or a lawyer before talking to the police.

I'm not sure how to get through to him, but I worry about him getting into some real trouble just because he trusts the cops more than he trusts me and his dad.

[Logical]

37. Thanks for the link. I look forward to listening to it. I am sure your son will learn some day. n-t

[UnrepentantLiberal]

34. Why isn't there a law that the police have to make a video of the entire interrogation?

[Logical]

38. The innocence project is trying to get that as a law in all states. n-t

[UnrepentantLiberal]

43. I hope they succeed.

There is no good reason for that not to be required.

[RoccoR5955]

49. Why, so that they can edit out the parts where they do the wrong thing?

I am afraid that they will do whatever they can to incriminate you. I have been told by officers that this is what they try to do. And the DA is no help either. They just want to have as many prosecutions as possible. When someone is found not guilty, they take it as a loss, and the ADA on the case gets hell for it.

[gopiscrap]

36. Almost every cop I have ever known is a fucking asshole

and will lie their head off in a courtroom, cover for their fellow out of control cops and are as arrogant as can be. I wouldn't trust them one bit!!!

[Logical]

40. And the prosecutors need the police to do their job so never want to piss them off. n-t

[snooper2]

42. what do you do for a living?

[gopiscrap]

46. I work for a church agency in both the national church

and at the parish level. I work in a poor inner city area and have seen the cops abuse innocent folks every day!

[snooper2]

51. so in your view most cops are for the most part

bad or good?


I split them 70/30 myself

[gopiscrap]

63. I'd go more 15/85

[treestar]

52. Everyone who works for a church is an asshole

See how that works? You are associated with an organization that is against gay rights and women's rights.

[gopiscrap]

64. actually before you go making an accusation

the particular agency I work for actually has lobbied on behalf of both women and gay rights...it basically depends on which denomination you work for.

[treestar]

65. What denomination could this be?

Are you claiming your organization is pure and never does wrong? While lobbing accusations at others? Only cult members do that.

[LeftInTX]

39. Debra Milke spent 22 years on death row because of it

Her son disappeared when her boyfriend took him to the mall. Distraught Debra talked with a cop about her son. Cop said that she confessed to killing her son. He didn't record the interview, nor did Debra sign a confession.

The cop was crooked.

[gopiscrap]

47. almost all cops are crooked

that's why they become cops!

[gopiscrap]

48. I have no use for any quote, unquote

"law enforcement" official and the friggin prosecutors and judges are just as crooked, corrupt and arrogant.

[bl968]

41. Don't talk to the police

Even Better Videos

A lawyer and a cop tells you why you shouldn't talk to the police

Part 1: The Lawyer

Part 2: The Cop

[Nye Bevan]

44. No upside. Potentially huge downside.

The same applies when they ask for consent to search your car. The very fact that they are asking for your consent means that they have no legal probable cause to do so.

[treestar]

50. In fact you never should, until you get a lawyer

Even if you are 100% innocent. Don't fall for the idea that it will make you look guilty - the law does not allow comment to juries on the subject.

[lonestarnot]

53. Most people just like to talk.

[Logical]

58. How naive of you. Watch some tapes of real police interrogations. Watch the police lie and.....

abuse them. Watch the police abuse their powers.

Nice GOP attitude.

[Skittles]

60. you sound very rightwing

CLUELESS

[Mariana]

56. And never give them permission to search!

If they you "You don't mind if I take a quick look in your car/trunk/house/purse/backpack/etc, do you?", don't let them! Just say, "I don't consent to any searches, officer."

[Skittles]

59. even people who DO know STILL talk

for example, Larry "wide stance" Craig

[liberal_at_heart]

62. Most people don't understand interrogators are manipulating them to try and get a confession.