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"Warning: Giving a Statement After a Shooting..."

eye95

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sudden valley gunner wrote:
eye95 wrote:
mcdonalk wrote:
Not to be trite, but technically any evidence you point out can't be used to help you, can it?
A piece of physical evidence can be used. What you say cannot be used to help you in court. It is hearsay.
But it can be used against you, trust me been there.
And that is the number 1 reason (from the video) not to talk to the cops. "Anything you say may be used against you in a court of law, but nothing you say can be used for you in that same court." Of course, Miranda warnings don't include that second part.
 

zack991

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sudden valley gunner wrote:
Nutczak wrote:
zack991 wrote:
I think if you have not committed any crime then there is zero reason to be silent. Simply gun owner need to be careful in how and what you tell police, verses coming on an a arrogant gun owner who refuses to say nothing to the police. A good way a person can turn an innocent miss understanding to a full blow legal battle because they chose to be rude and refusing to answer ANY honest questions.
So exercising your rights is considered arrogant by you? WTF?!
Thus the problem with the many mindset in our nation. I can't tell you how many times I've been labeled uncooperative by the police for simply trying to exercise my rights.
What I am saying is i see a lot people from the many videos and personal experience that they will refuse to give their names or follow any of the police commands, yet have no problem trying to show their superiority in their knowledge of the gun laws. Some people who feel the need to try and out smart the police on what they can and cant do. Even though in most cases they are right according to the law they feel the need to make a public scene then waiting for their day in court. In turn they just get charged for other things because they can not control their tonged.

I am not saying this is everyone, but far too many think this is a valid way to fight police that are uninformed as to what the law says. Instead of the open carry movent be seen as a calm, correlative group, many see us the other way around. When some gun owners lash out at the police when stopped yet refuse to answer any simple questions, Name, ID. Yet will ramble off what the police are doing is illegal we are seen as combative and uncooperative.
'

I am not saying you should give up your rights or answer every or any questions. I am saying if your going to not give them your name, ID or answer any simple question then do not make a scene, wait for your day in court. Simple say what I am doing is perfectly legal and nothing I am doing is illegal. If you chose to say nothing else such as your name or give them a ID that is fine, then say nothing else.

Do not go rambling on. It will be that much more the police will try to use against you in court and that much more you have to defend. When being asked by the police when stopped is not the time to show your superiority in the knowledge of what the law say. When it goes to court, that will be the right time to embarrass the police on their lack of Knowledge of the law not on the side of the road.


I should have worded it better, people who exercising their rights to remain silent are not arrogant, but those who refuse to answer any question the police ask them yet continue to speak in hopes of embarrassing the police in their lack of knowledge of the law is arrogant.

We only need to state that what we are doing is 100% legal and do not fall into their trap of baiting you to continue to ramble on. If people are going to remain silent then stay silent do not try to prove your case on the side of the road.


Cliff notes version.
If your going to remain silent, then do so. Do not try your case on the side of the road when it will only add to the case against you. Do not come off as arrogant telling them all the laws they are breaking by stopping us, yet refuse to answer and simple questions. Don't come off as an ass to the police even if they are to you, let that work for you. Do not make a scene like so many feel they have too, that will work against you in court.
 

sudden valley gunner

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eye95 wrote:
sudden valley gunner wrote:
eye95 wrote:
mcdonalk wrote:
Not to be trite, but technically any evidence you point out can't be used to help you, can it?
A piece of physical evidence can be used. What you say cannot be used to help you in court. It is hearsay.
But it can be used against you, trust me been there.
And that is the number 1 reason (from the video) not to talk to the cops. "Anything you say may be used against you in a court of law, but nothing you say can be used for you in that same court." Of course, Miranda warnings don't include that second part.

I would say the same would go for "evidence" of course if some evidence might disappear like a witness leaving the scene point them out. But otherwise let your lawyer handle it. Loose lips sink ships.

I'm not encouraging being an asshat to the officers, and you can remain civil without giving up your rights. Nowsome officers (majority of the ones I have encountered) I have encountered do not remain civil when you refuse to "cooperate" with them. That needs to change hearing in court how you were "uncooperative" and have the judge glare at you like you did something wrong. Even if you are totally in the right.

That is a cultural police thing we need to change. Police need to be trained mentally not feel insulted when someone doesn't "cooperate" with them.
 

buster81

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mcdonalk wrote:
Not to be trite, but technically any evidence you point out can't be used to help you, can it?

The evidence that you point out wouldbe used to identify the actions of the criminal against you. Like, "that guy kicked down that door [pointing towards the door with the frame busted out] and came at me with that hatchet [point at hatchet laying on the floor]. I was afraid for my life."
 

Brimstone Baritone

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buster81 wrote:
mcdonalk wrote:
Not to be trite, but technically any evidence you point out can't be used to help you, can it?

The evidence that you point out wouldbe used to identify the actions of the criminal against you. Like, "that guy kicked down that door [pointing towards the door with the frame busted out] and came at me with that hatchet [point at hatchet laying on the floor]. I was afraid for my life."
That would be your statement. What if the investigators found evidence you left out or didn't notice? What if the evidence you point out doesn't match your statement exactly?

As for witnesses, you can't hold them against their will. If they stick around long enough and want to talk to the cops their testimony can be used against you too. Maybe it's best to just let the cops question everyone and not direct them towards certain people...

What about everyone else? Do you think it's better to let the police examine their own evidence or to try to point it out to them?
 

gsx1138

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What do police do when they're involved in a shooting?

They may say, "I was in fear for my life"

Or...

They give no statement until accompanied by a lawyer and union rep.




But hey, if some of you folks are smarter than the police then by all means have at it.
 

buster81

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mcdonalk wrote:
buster81 wrote:
mcdonalk wrote:
Not to be trite, but technically any evidence you point out can't be used to help you, can it?

The evidence that you point out wouldbe used to identify the actions of the criminal against you. Like, "that guy kicked down that door [pointing towards the door with the frame busted out] and came at me with that hatchet [point at hatchet laying on the floor]. I was afraid for my life."
That would be your statement. Right. That is the statement I would make. Followed by "I intend to cooperate with your investigation as soon as I've had the chance to speak with my attorney."
What if the investigators found evidence you left out or didn't notice? Since I'm the victim, I want them to find all of the evidence, whether I noticed it or not. I never said "here is 100% of the evidence." All I said was "I was attacked by that guy, who broke through that door, with that weapon...I was afraid for my life."
What if the evidence you point out doesn't match your statement exactly? Like if I say "that man attacked me with that hatchet" and I point to a person that isn't a man, or an object that isn't a hatchet?

As for witnesses, you can't hold them against their will. If they stick around long enough and want to talk to the cops their testimony can be used against you too. I never said anything about witnesses, but if there are some, and their testimony at your trial is thatyouhad to defend yourselfagainst aperson with a deadly weapon, Isuspect that might be good for the you. Perhapsnot.
Maybe it's best to just let the cops question everyone and not direct them towards certain people... If you had to defend yourself against an attacker with a deadly weapon, and someone saw it,wouldn't you think it would bea good idea to have the police focus onactual witnesses, rather than interviewing a few dozen people that have surrounded the site after the fact and didn't see anything. If you are actually the victim, I would think you would want others to tell your story at your trial. Perhaps not.

What about everyone else? Do you think it's better to let the police examine their own evidence or to try to point it out to them?


I'm curious, when you call the police after a shooting, is the plan to just dial 911 and hang up without saying anything? When they show up after you called them, are you going to say anything at all?

I guess the anti's are right. Don't defend yourself and you won't have to worry about all of this ;).

Here is some good reading on the topic.

http://armedcitizensnetwork.org/3-most-common-post-shooting-errors
 

eye95

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buster81 wrote:
mcdonalk wrote:
Not to be trite, but technically any evidence you point out can't be used to help you, can it?

The evidence that you point out wouldbe used to identify the actions of the criminal against you. Like, "that guy kicked down that door [pointing towards the door with the frame busted out] and came at me with that hatchet [point at hatchet laying on the floor]. I was afraid for my life."
None of that evidence is going anywhere. The LEOs will notice. If they don't, your lawyer can point them out without you having to say a word.
 

eye95

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gsx1138 wrote:
What do police do when they're involved in a shooting?

They may say, "I was in fear for my life"

Or...

They give no statement until accompanied by a lawyer and union rep.

But hey, if some of you folks are smarter than the police then by all means have at it.
Excellent point. The cops don't talk without their union lawyer. So, if the guys who best know the system won't talk, why on earth would we?

Again, though, this is not my suggestion. This is what lawyers say. Don't listen to me or any other message board legal eagle wannabe. Do what the real honest-to-God lawyers say do.
 

buster81

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eye95 wrote:
buster81 wrote:
mcdonalk wrote:
Not to be trite, but technically any evidence you point out can't be used to help you, can it?

The evidence that you point out wouldbe used to identify the actions of the criminal against you. Like, "that guy kicked down that door [pointing towards the door with the frame busted out] and came at me with that hatchet [point at hatchet laying on the floor]. I was afraid for my life."
None of that evidence is going anywhere. The LEOs will notice. If they don't, your lawyer can point them out without you having to say a word.

I didn't say the evidence was going anywhere, and that wasn't the point. Youget pissy with others when they misquote you and put words in yourmouth, then you do it yourself.

If you want to stay silent, bemy guest. As a matter of fact, don't even bother calling the police if you don't want to. I'm good with whatever you want to do.I'll say what I need to say when/if I need to say it.Fair enough?
 

eye95

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buster81 wrote:
eye95 wrote:
buster81 wrote:
mcdonalk wrote:
Not to be trite, but technically any evidence you point out can't be used to help you, can it?

The evidence that you point out wouldbe used to identify the actions of the criminal against you. Like, "that guy kicked down that door [pointing towards the door with the frame busted out] and came at me with that hatchet [point at hatchet laying on the floor]. I was afraid for my life."
None of that evidence is going anywhere. The LEOs will notice. If they don't, your lawyer can point them out without you having to say a word.

I didn't say the evidence was going anywhere, and that wasn't the point. Youget pissy with others when they misquote you and put words in yourmouth, then you do it yourself.

If you want to stay silent, bemy guest. As a matter of fact, don't even bother calling the police if you don't want to. I'm good with whatever you want to do.I'll say what I need to say when/if I need to say it.Fair enough?
I didn't say that you said it was going anywhere. My point was that you don't need to point out the evidence because it is not going anywhere. I put no words in your mouth, so no need for you to get "pissy."

Moving on.
 
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