weapons drawn at a Maryville, TN Walmart

Anthony_I_Am wrote

I would assume that since the statement-makers weren't mirandized, any statement they made couldn't be admissable against them.  Only in very few circumstances, such as an excited utterance, can your statements or confesions be used against you if you have not been made aware of your rights.

So even if you wrote down "I shot him because he had a mullet hairdo", it couldn't be admissible in court unless you were advised of your rights to counsel, remaining silent, etc. prior to making the statement.

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I wouldn't count on it. The police play fast and loose with evidence and everything else, so why should this be sacred to them? It's not the same everywhere, of course, but I'd err on the side of not saying anything beyond the fact that I feared for my life.

How can you prove you were NOT "read your rights?" Who are the courts going to believe? You have a right to remain silent. It is usually smart to exercise that right.

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I watched a video that basically taught that even during a traffic stop, that you shouldn't say anything to the officer, except.. why am I being stopped? Of course, here in Ohio, we are required to inform if we are carrying in a vehicle (which is a violation of the 5th amendment itself). But beyond that, I am not sure if it would be a good idea to say anything.

I wish I had more experience in this though. An officer might interpret your silence the wrong way. We need some video demonstrations showing us how to respond to situations with police as gun owners. The ones I saw did not mention gun situations.

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I watched a video that basically taught that even during a traffic stop, that you shouldn't say anything to the officer, except.. why am I being stopped? Of course, here in Ohio, we are required to inform if we are carrying in a vehicle (which is a violation of the 5th amendment itself). But beyond that, I am not sure if it would be a good idea to say anything.

I wish I had more experience in this though. An officer might interpret your silence the wrong way. We need some video demonstrations showing us how to respond to situations with police as gun owners. The ones I saw did not mention gun situations.

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Here is difinitive advice for this situation. Past time I re-read my copy.

http://javelinpress.com/you_and_the_police.html

New for 2009
    You & The Police!
By Boston T. Party
    $16.00

Until now, the average American has lacked a simple, up-to-date summary of constitutional law regarding confrontations with the police. More and more peaceable, law-abiding folks are being caught up in the widening police dragnet of roadblocks, checkpoints,  searches, intrusive questioning  and civil forfeitures.  Americans have long needed a clear explanation of exactly where our rights end and executive power begins, especially if you travel or carry a gun.

More than a legal handbook, You & The Police! explains precisely how to win police confrontations using: sample dialogue, "what-if" scenarios, and practical tips. Armed  with this book, you will know just how to avoid traffic tickets, bogus searches, roadside delays, and general harassment. Probably 90% of erroneous civil  forfeitures from honest folks could have been avoided had they known about this  book. There is no reason for us to be bluffed or intimidated by the police any longer.

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suntzu wrote:

The 21-year-old told police officers that he pulled the gun because he feared for his personal safety. The 21-year-old and 56-year-old provided written statements and were released from the scene.

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Can we get some of Tennessee's LEO over here on the west coast?

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