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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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    Good find! Thanks for passing it along!
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

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    Regular Member swatspyder's Avatar
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    Just to point out, this isn't here to say NEVER talk to police, just don't talk to them when they stop you for questioning.

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    swatspyder wrote:
    Just to point out, this isn't here to say NEVER talk to police, just don't talk to them when they stop you for questioning.
    Yep totally agree.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

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    In agreement. There are many situations where you are competent enough to speak to police officers. As long as you are able to *Think before you *Speak; you should be perfectly capable.

    I think this whole *NEVER talk to the police idea is a load of crap.

    Let me first ask;

    1) Are you thinking this officer is smarter than you? Are you smarter than the police officer? More cunning? You should be able to take that cop for a ride and back.

    Talk your way out of it.


    2) Do you have anything you shouldn't have? You can talk your way out of a search. Cops are humans too, as noted, and as such are susceptible to trickery. Talk your way Out of the search and be on your way.

    3) Have I done anything wrong? If NOT; please, feel free to chat it up with any officer of the law. If you are truly innocent; there is nothing to be afraid of. If you feel like talking; talk. If you don't want to talk; don't talk.



    It's just the idea that the Cop is always going to have the upper hand. That's just NOT true. For every cop you meet that can mentally own you- there is a cop that You can mentally own.

    I'm talking for experience here... I've talked my way out of traffic tickets, vehicle searches, etc etc.


    Imagine speeding 5 over the limit.. You get pulled over. Now if you keep your mouth shut you are definitely going to get that ticket. If you open your mouth, chit chat with the officer, *Yes Sir and No Sir, Thank you, etc- you can get Out of the ticket. Proof in point.



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    cscitney87 wrote:
    In agreement. There are many situations where you are competent enough to speak to police officers. As long as you are able to *Think before you *Speak; you should be perfectly capable.

    I think this whole *NEVER talk to the police idea is a load of crap.

    Let me first ask;

    1) Are you thinking this officer is smarter than you? Are you smarter than the police officer? More cunning? You should be able to take that cop for a ride and back.

    Talk your way out of it.


    2) Do you have anything you shouldn't have? You can talk your way out of a search. Cops are humans too, as noted, and as such are susceptible to trickery. Talk your way Out of the search and be on your way.

    3) Have I done anything wrong? If NOT; please, feel free to chat it up with any officer of the law. If you are truly innocent; there is nothing to be afraid of. If you feel like talking; talk. If you don't want to talk; don't talk.



    It's just the idea that the Cop is always going to have the upper hand. That's just NOT true. For every cop you meet that can mentally own you- there is a cop that You can mentally own.

    I'm talking for experience here... I've talked my way out of traffic tickets, vehicle searches, etc etc.


    Imagine speeding 5 over the limit.. You get pulled over. Now if you keep your mouth shut you are definitely going to get that ticket. If you open your mouth, chit chat with the officer, *Yes Sir and No Sir, Thank you, etc- you can get Out of the ticket. Proof in point.

    i dont think i am going to take chances with tricking a cop. they have a lot more experience with dealing with people than i do. they know a lot of the tricks. on top of that, they are always looking to win a power struggle, and when they have the taser, the cuffs, the power to arrest and the radio for back upp, you are always going to lose.

    i prefer to just stay out of it. if it gets a me a ticket, i'll take it. the alternative is just too potentially risky for me to gamble with. even if i am innocent, i have nothing to gain from having a protracted conversation with the police. there are too many variables to lose track of that could trap you intoa situation you do not want to be a part of. i dont trust a cop to have my interests on his mind when he is talking to me. to them, everyone is a potential criminal and they deal with everyone in that manner.

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    While this isn't right for you Bomber, it's right for me and others. Likewise, there are some that should remain silent as noted in my previous post.

    I guess "out-smarting" the cop at my car window is just second nature... I don't even try to hard... It's easy not to admit guilt and even easier to put on a smile, lock eyes, and chit chat.

    How many friends do you know that have gotten out of speeding tickets? They didn't do it by remaining silent.. that's for sure. Point proven.

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    cscitney87 wrote:
    While this isn't right for you Bomber, it's right for me and others. Likewise, there are some that should remain silent as noted in my previous post.

    I guess "out-smarting" the cop at my car window is just second nature... I don't even try to hard... It's easy not to admit guilt and even easier to put on a smile, lock eyes, and chit chat.

    How many friends do you know that have gotten out of speeding tickets? They didn't do it by remaining silent.. that's for sure. Point proven.
    I'd be careful in assessing your abilities cscitney87. Plenty of people that think they can out-smart a cop out-smart themselves in the process. A speeding ticket is one thing and so are any small forfietures but being suspected ofactual crimes are much different.

    Remember that; just like a good debator, they don't have to be right, just prove you wrong. If you were being questioned about something more serious than a speeding ticket and you let go one single falsehood that can be used to establish that you may not be telling the truth about something else.

    What if during your "chit chat" you mentioned something else that was illegal but you didn't know it? Do you know every single line of your states statutes and U.S. code? I think not. You could incriminate yourself for something that you had no idea about.

    Too many people think that the right to remain silent only protects the guilty; that's just plain untrue, it protects the innocent even more.

    In any serious (Criminal) application, talking the police can NEVER help you. Do your talking through your attorney.

    http://video.google.com/videoplay?do...02514885833865

    This video has great examples of what you can get "trapped" for saying; even if you are completely inocent of any crime......(that you know of).
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    Trying to "out-smart" the cops while talking to them is foolish. Even if one has benefited from that behavior up until now, it is worth considering that LEOs get into these out-smart-fests more often and many are specifically trained to elicit damaging statements from citizens. Eventually an out-smart-fest will be lost, the prize being and all expenses paid vacation at the local hoosegow.

    Say nothing. Avoid even making declarative sentences. Stick to asking questions back, questions like, "Am I free to go?" "Am I being detained?" and, "Why am I being detained?"

    This declarative is OK: "I do not consent to the search/seizure of..., however I will not resist if you forcibly search/seize..."

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    eye95 wrote:
    This declarative is OK:* "I do not consent to the search/seizure of..., however I will not resist if you forcibly search/seize..."
    and......."don't touch me there"
    http://www.youtube.com/watch?v=7Mlch97EQDA

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    "What if during your "chit chat" you mentioned something else that was illegal but you didn't know it? Do you know every single line of your states statutes and U.S. code? I think not. You could incriminate yourself for something that you had no idea about."

    :shock::shock:What if? What if, bro?:shock: What if?:shock: As we all agree that nobody can know all lines of US Code, of course I do not. Was that just a rhetorical question? I think so. :what:

    I COULD incriminate myself for something...

    But I'm not an idiot. I'm not retarded. I'm not stupid. I'm not incompetent. I can think before I speak. That means thinking about what I say, what the cop will say, what I will say back, and what it will all mean in the grander situation.

    So, hey, I appreciate you caring so much about my everyday. I really do. I think you show solidarity. But hey don't sweat it. I'll be just fine.

    Some people think slower. Some people think a little quicker. Some people can think very quickly. Has nothing to do with being smart or not. Simply how quickly the brain can piece together information from both internal and external sources.

    And some people can formulate an entire thought, statement, and reply before opening their mouth to utter the first words. That would be me.

    Did I say I was perfect? No. Did I say that some cops are smarter than me? Yes. Did I say I can out-smart some cops? Yes.

    Duh... Use common sense guys.. Do you want to keep your mouth shut and remain silent when you know you could otherwise talk yourself into a warning instead of a ticket?

    Like I said time and time again.. How many people do you know that got off a traffic or speeding ticket? Lots... They didn't do it by remaining silent. Cops appreciate being talked to; it makes them feel human.

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    Go for it, man!

    We need a section at OCDO for legal system Darwin Awards.

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    eye95 wrote:
    Go for it, man!

    We need a section at OCDO for legal system Darwin Awards.
    That coming from a guy with an Ape for his picture. How ironic!

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    cscitney87 wrote:
    eye95 wrote:
    Go for it, man!

    We need a section at OCDO for legal system Darwin Awards.
    That coming from a guy with an Ape for his picture. How ironic!
    +1

    Ya got me there!

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    cscitney87 wrote:
    "What if during your "chit chat" you mentioned something else that was illegal but you didn't know it? Do you know every single line of your states statutes and U.S. code? I think not. You could incriminate yourself for something that you had no idea about."

    :shock::shock:What if? What if, bro?:shock: What if?:shock: As we all agree that nobody can know all lines of US Code, of course I do not. Was that just a rhetorical question? I think so. :what:

    How is that a rhetorical question? My meaning is clear: You may chit chat about something you think is perfectly legal; yet, isn't.

    Like I said time and time again.. How many people do you know that got off a traffic or speeding ticket? Lots... They didn't do it by remaining silent. Cops appreciate being talked to; it makes them feel human.
    I'm not disagreeing with talking your way out of a ticket; I've done it and will continue to do so. I'm saying NO good can EVER come from talking to the police in a CRIMINAL matter. A fine or forfieture is not a criminal matter.
    Also, I'm not implying anything about intelligence and you can do whatever you want. I only want to caution anyone that might read these posts as to the adverse effects of talking to the cops.
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    How is that a rhetorical question? My meaning is clear: You may chit chat about something you think is perfectly legal; yet, isn't.

    Don't be stupid. You asked me if I Know all the Statues and US Code. That's stupid to ask me that because You know that I do not.

    So when you ask somebody a question that is otherwise common knowledge; I have to ask you if it was rhetorical. Rhetorical meaning you asked the question to further your point, rather than asking a question to benefit from a factual response.

    "
    Do you know every single line of your states statutes and U.S. code? I think not."

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    "Also, I'm not implying anything about intelligence and you can do whatever you want. I only want to caution anyone that might read these posts as to the adverse effects of talking to the cops."


    Once again.. Uhh thanks.. But I'm sure the Original Poster pretty much summed it up. You are cautioning anyone that might read these posts? As if the original post wasn't caution enough? There are 11 reasons Caution Enough; but you feel like you have to respond to me in order to caution the readers even more?
    http://www.cja.us/news/11-reasons-no...to-the-police/
    Get real.

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    cscitney87 wrote:
    How is that a rhetorical question? My meaning is clear: You may chit chat about something you think is perfectly legal; yet, isn't.

    Don't be stupid. You asked me if I Know all the Statues and US Code. That's @#$%ing stupid to ask me that because You know that I do not.

    So when you ask somebody a question that is otherwise common knowledge; I have to ask you if it was rhetorical. Rhetorical meaning you asked the question to further your point, rather than asking a question to benefit from a factual response.

    "
    Do you know every single line of your states statutes and U.S. code? I think not."
    Yeah yeah, the question itself was rhetorical. I'm sorry that you are so bent out of shape about it. The meaning is what's important. You stated that you "could" incriminate yourself; but wouldn't. So then; how wouldn't you? You know, since by the answer to my rhetorical question is by necessity, obvious.
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    There is a video whose URL gets posted every now and then. It features a lawyer who gives the same advise you get in this thread: Never, ever talk to the police. He also points out that no one, not even lawyers, know every law. His point is that while talking yourself out of one charge, you can inadvertently admit to another.

    Someone asking you if you know all the laws is not trying to insult your intelligence, they are just echoing this lawyer's advice.

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    eye95 wrote:
    There is a video whose URL gets posted every now and then. It features a lawyer who gives the same advise you get in this thread: Never, ever talk to the police. He also points out that no one, not even lawyers, know every law. His point is that while talking yourself out of one charge, you can inadvertently admit to another.

    Someone asking you if you know all the laws is not trying to insult your intelligence, they are just echoing this lawyer's advice.
    Bingo.

    And the video I posted is that video.

    cscitney87 wrote:
    "Also, I'm not implying anything about intelligence and you can do whatever you want. I only want to caution anyone that might read these posts as to the adverse effects of talking to the cops."


    Once again.. Uhh thanks.. But I'm sure the Original Poster pretty much summed it up. You are cautioning anyone that might read these posts? As if the original post wasn't caution enough? There are 11 reasons Caution Enough; but you feel like you have to respond to me in order to caution the readers even more?
    http://www.cja.us/news/11-reasons-no...to-the-police/
    Get real.
    Yeah, the original postWAS enough,but then you came in and started talking about how you should talk to the police; clouding it all up.

    Furthermore I wasn't trying to or succeeding in insulting you and now you insist on being insulting.
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    It's easy not to incriminate yourself.. Even if you Don't know All the laws.

    But you are, so far, incapable of conjuring the words.

    How about sticking to the basics? I'll tutor you.

    Hello Officer, how is your day going? Nice afternoon, isn't it?

    I wasn't silent. Yet I didn't incriminate myself. Damn and that was only so easy. Take that idea further and you have yourself a chit chat. Free of self incrimination. Unless, of course, there is a US Code outlawing thanking an officer for his service. Unless there is a US Code against asking the officer how his day has been so far. Unless there is a US Code against mentioning the weather.

    See, friend, there are many ways to strike up casual conversation while avoiding self incrimination.

    Just use common sense.

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    Oh I'm Clouding up the thread by providing my opinion, thoughts, and efforts?

    Sorry.... I thought this was OCDO.. Not "BrassMagnetsInternetForum.Org"

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    cscitney87 wrote:
    Oh I'm Clouding up the thread by providing my opinion, thoughts, and efforts?

    Sorry.... I thought this was OCDO.. Not "BrassMagnetsInternetForum.Org"
    LOLZ

    No; now your clouding it up by being insulting, condescending, and sarcastic while putting meaning into my statements that doesnt exist. WTG FTF



    For those of you that' aren't like cscitney87, a veritable treasure trove of knowledge and omnipotence:

    cscitney87 wrote:
    It's easy not to incriminate yourself.. Even if you Don't know All the laws.

    But you are, so far, incapable of conjuring the words.

    How about sticking to the basics? I'll tutor you.

    Hello Officer, how is your day going? Nice afternoon, isn't it?

    I wasn't silent. Yet I didn't incriminate myself. Damn and that was only so easy. Take that idea further and you have yourself a chit chat. Free of self incrimination. Unless, of course, there is a US Code outlawing thanking an officer for his service. Unless there is a US Code against asking the officer how his day has been so far. Unless there is a US Code against mentioning the weather.

    See, friend, there are many ways to strike up casual conversation while avoiding self incrimination.

    Just use common sense.
    This is an example from the video; paraphrased, it goes something like this: So maybe you decide to talk about fishing? Seems benign enough right? There is a U.S. code that states that a fish, plant, or animalthat is illegal to possess in any country is also illegal to possess in the U.S.

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    Dude who said anything about fishing? Thank him. Ask him how his day is going. Maybe mention the weather. You're not having a sit down brunch with the guy.... You don't need 20 minutes of material.

    But yeah you're one of those "What if What if What if" guys...

    Yeah.... crap happens.. it does.
    [line]Here's a quick Google search; here I did your homework...

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    Yeah I'm 100 Percent Certain that Warnings are NOT given to folks that Remain Silent.

    You Do not and should not remain silent in every police encounter. To do so will bring on more pain and suffering. No need to get ticket after ticket if you are able to talk your way out of them.

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    lmao but like I said.. Talking to cops isn't for everybody. Some are slower than others.

    If you are afraid of incriminating yourself.. Remain silent and take the ticket.:shock:

    If you are Not afraid of incriminating yourself... Chit chat and take the warning.:P Think before you speak and the worst you can do is the same ticket you would have gotten with remaining silent. :what:

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