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Thread: 11 Reasons Not To Talk To The Police

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    Regular Member swatspyder's Avatar
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    This has to do with people being stopped by police, just to end up talking themselves into a corner and giving up their rights, or admitting to doing something when they weren't.


    11 Reasons Not To Talk To The Police

    This article might just as well be entitled “You have the right to remain silent. Use it. Say Nothing.”
    This doesn’t mean “Deny having committed the crime.” It means telling the police officer that your attorney has advised you not to answer any questions, and then saying nothing else to anybody until you talk to him or her.
    Recently, I was giving this advice to a potential witness, and he said, “I’ll just tell them that I don’t know anything.” This is wrong. For one thing, he did know something, so this would have been a lie. I may have wanted that witness to testify at the trial. A competent prosecutor would have discredited the witness by showing that at one point, he’d told the police he didn’t know anything, and at trial he was trying to convince the jury that he did know something.

    What If The Police Don’t Read You Your Rights?
    You always have the right to remain silent. Do not be confused by the fact that sometimes, the police don’t read you your rights. Sometimes they are required to, and sometimes they’re not. But any time you are questioned by the police – whether you are under arrest, or only being detained, or you are just a witness – you always have the right to remain silent, even if the police don’t tell you so. Until or unless a judge from a court of competent jurisdiction orders you to answer questions, you have the right to remain silent. Use it. Just politely tell the police that your lawyer told you not to answer any questions. And understand that even if you’re not asked a question, the prosecution can and will use anything you say, even to a friend or family member. A client of mine asserted his right not to answer a police detective’s questions, but spontaneously asked whether he could get the death penalty. The court allowed his question to be used as evidence against him. Say nothing.

    Read the rest of this Attorney's reasons for not talking to the police here: http://www.cja.us/news/11-reasons-no...to-the-police/

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    Regular Member amzbrady's Avatar
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    swatspyder wrote:
    This has to do with people being stopped by police, just to end up talking themselves into a corner and giving up their rights, or admitting to doing something when they weren't.


    11 Reasons Not To Talk To The Police

    This article might just as well be entitled “You have the right to remain silent. Use it. Say Nothing.”
    This doesn’t mean “Deny having committed the crime.” It means telling the police officer that your attorney has advised you not to answer any questions, and then saying nothing else to anybody until you talk to him or her.
    Recently, I was giving this advice to a potential witness, and he said, “I’ll just tell them that I don’t know anything.” This is wrong. For one thing, he did know something, so this would have been a lie. I may have wanted that witness to testify at the trial. A competent prosecutor would have discredited the witness by showing that at one point, he’d told the police he didn’t know anything, and at trial he was trying to convince the jury that he did know something.

    What If The Police Don’t Read You Your Rights?
    You always have the right to remain silent. Do not be confused by the fact that sometimes, the police don’t read you your rights. Sometimes they are required to, and sometimes they’re not. But any time you are questioned by the police – whether you are under arrest, or only being detained, or you are just a witness – you always have the right to remain silent, even if the police don’t tell you so. Until or unless a judge from a court of competent jurisdiction orders you to answer questions, you have the right to remain silent. Use it. Just politely tell the police that your lawyer told you not to answer any questions. And understand that even if you’re not asked a question, the prosecution can and will use anything you say, even to a friend or family member. A client of mine asserted his right not to answer a police detective’s questions, but spontaneously asked whether he could get the death penalty. The court allowed his question to be used as evidence against him. Say nothing.

    Read the rest of this Attorney's reasons for not talking to the police here: http://www.cja.us/news/11-reasons-no...to-the-police/
    I dont know what the time limit is, but the police have a limited amount of time to read you your rights after you have been arrested.
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    Sounds like good advice I hope I will never need.

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    Regular Member swatspyder's Avatar
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    One thing to note, this isn't here to say NEVER talk to a police officer, just those times when they stop you for questioning.

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    Correction: don't ever talk to a police officer.
    "If we were to ever consider citizenship as the least bit matter of merit instead of birthright, imagine who should be selected as deserved representation of our democracy: someone who would risk their daily livelihood to cast an individually statistically insignificant vote, or those who wrap themselves in the flag against slightest slights." - agenthex

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    Opt-Out Members BigDave's Avatar
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    A good article and advice but does not address the issue of an Affirmative Defense which if you choose Self Defense as your defense.

    However it is a good article based on if you committed a crime and making the government prove their case, which some can assist you in a Self Defense claim.

    This is where things change to where you are saying yes I was there, yes I shot or whatever in defense of myself or another, so you cannot claim no I was not there and no I did not shoot him... and the prosecution must prove beyond a reasonable doubt that you did not act in Self Defense.

    When it comes to questioning I fully agree advise them that under your advice of your attorney to discuss this with him first and then you will make yourself available.

    As many know I stand on the issue of offering information on evidence as to Who, What, Where and When and that you were in fear for your life.

    In this article there are some good points as to do not lie, do not discuss why's as to what you did or did not do.
    • Being prepared is to prepare, this is our responsibility.
    • I am not your Mommy or Daddy and do not sugar coat it but I will tell you simply as how I see it, it is up to you on how you will or will not use it.
    • IANAL, all information I present is for your review, do your own homework.

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    BigDave wrote:
    A good article and advice but does not address the issue of an Affirmative Defense which if you choose Self Defense as your defense.

    However it is a good article based on if you committed a crime and making the government prove their case, which some can assist you in a Self Defense claim.

    This is where things change to where you are saying yes I was there, yes I shot or whatever in defense of myself or another, so you cannot claim no I was not there and no I did not shoot him... and the prosecution must prove beyond a reasonable doubt that you did not act in Self Defense.

    When it comes to questioning I fully agree advise them that under your advice of your attorney to discuss this with him first and then you will make yourself available.

    As many know I stand on the issue of offering information on evidence as to Who, What, Where and When and that you were in fear for your life.

    In this article there are some good points as to do not lie, do not discuss why's as to what you did or did not do.
    For all your so-called training, you miss the point. All of that stuff can come later, after you have the advice of an attorney. You don't need to, and should not say anything. "Affirmative defense" does not mean you need to start claiming something prior to talking to your attorney.

    *edit - forgot "the"*
    "If we were to ever consider citizenship as the least bit matter of merit instead of birthright, imagine who should be selected as deserved representation of our democracy: someone who would risk their daily livelihood to cast an individually statistically insignificant vote, or those who wrap themselves in the flag against slightest slights." - agenthex

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    Opt-Out Members BigDave's Avatar
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    Twanos I expected nothing less from you, as you are so short sighted you were unable to read and comprehend what I wrote, you know what they say you cannot fix stupid so I will not try and fix your ignorance.
    • Being prepared is to prepare, this is our responsibility.
    • I am not your Mommy or Daddy and do not sugar coat it but I will tell you simply as how I see it, it is up to you on how you will or will not use it.
    • IANAL, all information I present is for your review, do your own homework.

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    Regular Member swatspyder's Avatar
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    BigDave wrote:
    A good article and advice but does not address the issue of an Affirmative Defense which if you choose Self Defense as your defense.

    However it is a good article based on if you committed a crime and making the government prove their case, which some can assist you in a Self Defense claim.

    This is where things change to where you are saying yes I was there, yes I shot or whatever in defense of myself or another, so you cannot claim no I was not there and no I did not shoot him... and the prosecution must prove beyond a reasonable doubt that you did not act in Self Defense.

    When it comes to questioning I fully agree advise them that under your advice of your attorney to discuss this with him first and then you will make yourself available.

    As many know I stand on the issue of offering information on evidence as to Who, What, Where and When and that you were in fear for your life.

    In this article there are some good points as to do not lie, do not discuss why's as to what you did or did not do.
    Stop worrying about going to jail for a couple hours while they sort out the defensive shooting facts. YOUR WORDS MAY COME BACK TO HAUNT YOU!

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    Regular Member OrangeIsTrouble's Avatar
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    BigDave wrote:
    Twanos I expected nothing less from you, as you are so short sighted you were unable to read and comprehend what I wrote, you know what they say you cannot fix stupid so I will not try and fix your ignorance.
    Which reminds me again, we did a shoot at the gravel pit dedicated just for you too, ( and some other trolls and trouble makers on OCDO) it's on SVG's phone.

    He needs to upload it!


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    Opt-Out Members BigDave's Avatar
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    swatspyder wrote:
    Stop worrying about going to jail for a couple hours while they sort out the defensive shooting facts. YOUR WORDS MAY COME BACK TO HAUNT YOU!
    No worries here

    And the physical evidence to help prove your case may well be lost for ever as to what witness-es, what was their names, where can I find them, what knife or gun, what car, get the point physical evidence!

    The only issue I have raised about telling officers about why or how it occurred was that "I was in fear for my life and I need to talk to my attorney before I discuss anything"

    Again this maybe over some of your heads and intelligence but who knows some will catch on.
    • Being prepared is to prepare, this is our responsibility.
    • I am not your Mommy or Daddy and do not sugar coat it but I will tell you simply as how I see it, it is up to you on how you will or will not use it.
    • IANAL, all information I present is for your review, do your own homework.

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    Opt-Out Members BigDave's Avatar
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    Poosharker wrote:
    Which reminds me again, we did a shoot at the gravel pit dedicated just for you too, ( and some other trolls and trouble makers on OCDO) it's on SVG's phone.
    He needs to upload it!
    I knew there was some a certain amount of childishness that you boys harbor and please do upload that video, it would be good evidence in conveying a threat to others.
    Now that I know who has it also, you are right, LOL you should keep your mouth shut! You are just to stupid and make statements as this.
    • Being prepared is to prepare, this is our responsibility.
    • I am not your Mommy or Daddy and do not sugar coat it but I will tell you simply as how I see it, it is up to you on how you will or will not use it.
    • IANAL, all information I present is for your review, do your own homework.

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    Regular Member OrangeIsTrouble's Avatar
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    Since when did a dedication mean a threat to harm somebody? But, you can go ahead and run to the police now, shoo.

    LOL. Do whatever with what you want, we all know you won't do anything outside of your dark, moldy basement. You are protected inside of it, and you can make all the bold statements you want. I don't recall you ever showing up at a meet or a pic of you or anything for that matter. You should come out to play with the boys sometime you know? That way we can all see the face of bigdave and come to a conclusion about our thoughts on these trouble makers online.

    As for the topic, so swatty doesn't feel like I crapped in his thread, I wouldn't talk to the police either. Jacked up on adrenaline, something might slip, other than the, "I won't answer questions until I speak with my attorney". If they decide to lock me up a bit, boo hoo , it's not the end of the world. I would understand that the officers want to get the story right, but that time will come (cough, investigation, cough). If they decide to whup my ass, then I'll enjoy the lawsuit money as long as they don't disable or kill me. If I do end up dead, I hope my family is smart enough to take advantage of my death and get as much money as they can from the people responsible.




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    Regular Member OrangeIsTrouble's Avatar
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    Why, bigdave, you just PMed me asking if my name is Kimgene Nguyen.

    Why yes, it is, I'd like to make this public sir, please don't PM me with your crap.

    And if you would take a look at this thread, and look at the picture halfway down, I am the "boy", directly in the middle of the standing folks.

    Have fun, fantasizing about all the things you can do in the great outdoors, I am sorry if you are surrounded by dark walls.

    Whoops forgot to add the link lol,

    http://opencarry.mywowbb.com/forum55/36127-5.html


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    BigDave wrote:
    Twanos I expected nothing less from you, as you are so short sighted you were unable to read and comprehend what I wrote, you know what they say you cannot fix stupid so I will not try and fix your ignorance.
    You're so bright, I'll glaze past this abortion of a run-on sentence and deal with your post that I responded to, explaining why I am continually shocked by your arrogance.

    A good article and advice but does not address the issue of an Affirmative Defense which if you choose Self Defense as your defense.
    You start out with a sentence that relies heavily on this dangling subordinate clause: "if you choose self defense as your defense." Since this clause remains unfinished, we must press onward to see what sense you are making, if any.

    However it is a good article based on if you committed a crime and making the government prove their case, which some can assist you in a Self Defense claim.
    Another sentence, yet...another sentence that leads nowhere. You use two separate verb tenses here, past ("based") and present progressive ("are making") without combining them into anything meaningful. The last dangling phrase makes no sense ("which some can assist you in a self defense claim" - which thing is referred to by "which"? What "some" is being referenced?), but I assume that must be because I am so "short sighted" that it leaves me incapable of understanding your poor writing.

    This is where things change to where you are saying yes I was there, yes I shot or whatever in defense of myself or another, so you cannot claim no I was not there and no I did not shoot him... and the prosecution must prove beyond a reasonable doubt that you did not act in Self Defense.
    Here's where you go wrong. Eventually, you might say all of this stuff, but it's nothing you should be considering prior to talking to your attorney. The whole point of the article rebuts exactly what you are claiming here - don't limit your available defenses prior to seeing the case against you.

    When it comes to questioning I fully agree advise them that under your advice of your attorney to discuss this with him first and then you will make yourself available.
    At what point is it "questioning"? The important thing to take away from this article is that you can say something that puts you in legal hot water, even when you don't realize you're under questioning. Don't say *anything*, and you avoid that problem.

    As many know I stand on the issue of offering information on evidence as to Who, What, Where and When and that you were in fear for your life.
    Hypothetically, a prosecutor could use that statement and a witness statement that says something contradictory to make you look like an aggressor who was simply trying to cover his actions. Better not to say anything at first; you will have the chance to later, should you have the need.

    In this article there are some good points as to do not lie, do not discuss why's as to what you did or did not do.
    It also addresses the fact you shouldn't discuss the "what"s, either. Nor should you say anything about the "where", the "when", etc. The best advice is to be quiet, and figure the situation out once you have professional legal representation.

    Your advice is always "get professional training." Here, and before, we have had professionals say over and over and over "DO NOT TALK TO THE POLICE." You, in your hubris, deride that training, argue against the professionals, and undermine your own position. Why should _anyone_ listen to you?
    "If we were to ever consider citizenship as the least bit matter of merit instead of birthright, imagine who should be selected as deserved representation of our democracy: someone who would risk their daily livelihood to cast an individually statistically insignificant vote, or those who wrap themselves in the flag against slightest slights." - agenthex

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    Opt-Out Members BigDave's Avatar
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    Twanos just dribble dribble dribble...

    Taking advice from an article designed to defend criminals that have likely committed a crime, instead of taking responsibility for your actions.
    Which has nothing to do with doing away with your rights or placing yourself in harms way.


    • Being prepared is to prepare, this is our responsibility.
    • I am not your Mommy or Daddy and do not sugar coat it but I will tell you simply as how I see it, it is up to you on how you will or will not use it.
    • IANAL, all information I present is for your review, do your own homework.

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    BigDave wrote:
    Twanos just dribble dribble dribble...

    Taking advice from an article designed to defend criminals that have likely committed a crime, instead of taking responsibility for your actions.
    Which has nothing to do with doing away with your rights or placing yourself in harms way.

    You can't spell, your grammar sucks, and you're an *******. I kindly request you go away and leave the rest of us alone. You were an "opt out member" at one point, let's keep it that way.
    "If we were to ever consider citizenship as the least bit matter of merit instead of birthright, imagine who should be selected as deserved representation of our democracy: someone who would risk their daily livelihood to cast an individually statistically insignificant vote, or those who wrap themselves in the flag against slightest slights." - agenthex

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    Opt-Out Members BigDave's Avatar
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    Again you ignore the facts! Like I said you can't fix stupid and that is where you will stay.

    • Being prepared is to prepare, this is our responsibility.
    • I am not your Mommy or Daddy and do not sugar coat it but I will tell you simply as how I see it, it is up to you on how you will or will not use it.
    • IANAL, all information I present is for your review, do your own homework.

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    Regular Member Son_of_Perdition's Avatar
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    Tawnos wrote:
    BigDave wrote:
    Twanos just dribble dribble dribble...

    Taking advice from an article designed to defend criminals that have likely committed a crime, instead of taking responsibility for your actions.
    Which has nothing to do with doing away with your rights or placing yourself in harms way.

    You can't spell, your grammar sucks, and you're an @#$%. I kindly request you go away and leave the rest of us alone. You were an "opt out member" at one point, let's keep it that way.
    Mom, Dad, Stop fighting!

    I now declare this threadto beabout Puppies.



  20. #20
    Opt-Out Members BigDave's Avatar
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    I would prefer it had stayed on topic and for it to get back onto topic and discuss the issues.

    As to why are we wanting to take advice from a position of someone who has committed a crime.

    While there are some issues that are good in Self Defense but not to provide minimal information as to Who committed an act to cause you to be in fear for your life and witnesses to What they used to support your lawful use of Deadly Force, Where it occurred when you called 911 to report the incident and where any evidence you now the location of, and When did it occur.

    A statement of I was in fear for my life and my attorney advised me not to answer any questions and after I contact my attorney I will make myself available to you.

    We are in this to defend ourselves and or families or possibly others if we so choose and there is no excuse for not acting with in the law as there are many great training schools out there, all we have to do is take advantage of them and attend.

    If you do not want to talk to the police then how do you report the crime? Can't call the Police now can we?
    Did you just shoot them with that firearm on your side? or I don't know how he got shot?
    Play Sgt Schultz "I Know Nothinggggg!"
    When did it happen? how long ago did they jump into a black 4 door dodge and drove off north bound from here, oh but wait do not talk to the police about where his accomplices or witnesses left, hmmm looking good so far isn't.

    There is some evidence that is time sensitive and if you do not act it will be gone for ever for your use to support you acted appropriately.

    It does not matter if you like me or not it has nothing to do with this topic or any other topic take time to read and think through it, do not be a sheep and blindly follow a genertic article that does not address the issues of an affirmative defense.

    If nothing else do yourself and your family a huge favor and an investment into your and their future and talk to a firearms attorney on the issue.

    As to the Opt-Out Member Status is because I opted out in receiving mass emails nothing more nothing less.
    • Being prepared is to prepare, this is our responsibility.
    • I am not your Mommy or Daddy and do not sugar coat it but I will tell you simply as how I see it, it is up to you on how you will or will not use it.
    • IANAL, all information I present is for your review, do your own homework.

  21. #21
    Regular Member OrangeIsTrouble's Avatar
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    Ok, you threw a nice twist in there, something about people going off in a SUV.


    Anyways, most likely, someone else will beat you to the 911 call afterwords (at least if they are present), due to you being pumped with adrenaline, and perhaps temporarily deaf from the gunshots. I am sure they will let the police know if someone is driving off or whateverzzzz.

    But anyways, this is ridiculous, unsubscribe.

    And btw, when you report me or whatever, scan a copy of the paperwork and post it up, let me get that free publicity yo!


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    As to why are we wanting to take advice from a position of someone who has committed a crime.
    It has nothing to do with "the position of someone who has committed a crime" and everything to do with protecting yourself legally after you have protected yourself physically.
    While there are some issues that are good in Self Defense but not to provide minimal information as to Who committed an act to cause you to be in fear for your life and witnesses to What they used to support your lawful use of Deadly Force, Where it occurred when you called 911 to report the incident and where any evidence you now the location of, and When did it occur.
    That is not needed, and may be ill advised. For example, the who may show that you knew the person or that you saw something about them (race, for example) which makes you seem more guilty. You do not need to support your lawful use of deadly force when you're there on the street, and you (BigDave) need to stop focusing on that. Where it occurred, fine, you need to get the police there. When is not important.
    A statement of I was in fear for my life and my attorney advised me not to answer any questions and after I contact my attorney I will make myself available to you.
    Why even state the first part? Simply say that you will not be making any statements about what happened or what you saw until you have your attorney present. They are not allowed to bring up the fact you would not speak until an attorney was there in court, so why wouldn't you wait? Saying anything, even something which seems to make you out to be the good guy (e.g. "I was in fear for my life") is saying too much.
    We are in this to defend ourselves and or families or possibly others if we so choose and there is no excuse for not acting with in the law as there are many great training schools out there, all we have to do is take advantage of them and attend.
    And some of the greatest training you can get is from lawyers who have had to represent clients time and time again. Why not take that advice, which has been clear and consistent: do not make a statement, do not talk to the police.
    If you do not want to talk to the police then how do you report the crime? Can't call the Police now can we?
    "911, what is your emergency"
    "We need an ambulance at <address>, there is a man here who was shot."
    "May I have your <name, phone number, etc>"
    "Please just send an ambulance" *hang up*
    You make *no* statement regarding yourself, and you make *no* statement to the police. If someone else is calling, then don't call, let them do it.

    Did you just shoot them with that firearm on your side? or I don't know how he got shot?
    Play Sgt Schultz "I Know Nothinggggg!"
    When did it happen? how long ago did they jump into a black 4 door dodge and drove off north bound from here, oh but wait do not talk to the police about where his accomplices or witnesses left, hmmm looking good so far isn't.
    Non sequitur.

    There is some evidence that is time sensitive and if you do not act it will be gone for ever for your use to support you acted appropriately.
    You do not need to prove your innocence. They need to prove your guilt. Get it straight.

    It does not matter if you like me or not it has nothing to do with this topic or any other topic take time to read and think through it, do not be a sheep and blindly follow a genertic article that does not address the issues of an affirmative defense.
    Why do you keep bringing up affirmative defense as if it requires you take special action upon police arrival?

    If nothing else do yourself and your family a huge favor and an investment into your and their future and talk to a firearms attorney on the issue.
    Odd, the firearms attorney on here has said the same thing - do not talk to the police: http://opencarry.mywowbb.com/view_to...mp;forum_id=55
    You seem to disregard that advice, instead saying "don't talk to the police, except to tell them that you were scared for your life."
    "If we were to ever consider citizenship as the least bit matter of merit instead of birthright, imagine who should be selected as deserved representation of our democracy: someone who would risk their daily livelihood to cast an individually statistically insignificant vote, or those who wrap themselves in the flag against slightest slights." - agenthex

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    Opt-Out Members BigDave's Avatar
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    Is there intelligent life in here ? Still waiting !
    • Being prepared is to prepare, this is our responsibility.
    • I am not your Mommy or Daddy and do not sugar coat it but I will tell you simply as how I see it, it is up to you on how you will or will not use it.
    • IANAL, all information I present is for your review, do your own homework.

  24. #24
    Regular Member
    Join Date
    May 2010
    Location
    Mill Creek, Washington, USA
    Posts
    49

    Post imported post

    Stop worrying about going to jail for a couple hours while they sort out the defensive shooting facts.* YOUR WORDS MAY COME BACK TO HAUNT YOU!
    My sis, a Lawyer in Vegas told me to keep my mouth shut and to never get in trouble in WA because her Bar exam doesn't cover her here. Other than that I have always been told to say, "I has in fear of my life and I shot until the guy fell down." Nothing more.

  25. #25
    Regular Member
    Join Date
    May 2010
    Location
    Mill Creek, Washington, USA
    Posts
    49

    Post imported post

    Poosharker wrote:
    Why, bigdave, you just PMed me asking if my name is Kimgene Nguyen.

    Why yes, it is, I'd like to make this public sir, please don't PM me with your crap.

    And if you would take a look at this thread, and look at the picture halfway down, I am the "boy", directly in the middle of the standing folks.

    Have fun, fantasizing about all the things you can do in the great outdoors, I am sorry if you are surrounded by dark walls.

    Whoops forgot to add the link lol,

    http://opencarry.mywowbb.com/forum55/36127-5.html
    This might help him if he can't click on your link:
    [left tp right]uncoolperson, 1970camaroRS(Nathan), Bryce, ..., Knock-Off Dragunov(Brandon), Aryk45XD, Poosharker(Kimgene Nguyen), sudden valley gunner, Project wilderness1, Project Wilderness2, ... [kneeling]tyguy808

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