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911 and the law...

nuc65

nuc65

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Out of curiosity, where in the law does it say one must call 911? Let us suppose that I have averted a crime via self-defense. If I call a police/state system to report a successfully averted crime, am I waiving my right to silence, or my right to representation by an attorney. 911 calls are recorded and used as evidence, as is everything you say. I looked and cannot find a statute that says one must call 911, but how do I request an ambulance, maybe the criminal has a chance because I used a 9mm or maybe he got me and I need help. If I say the wrong thing being as how I might be scared to death, or if I am to calm it is all recorded and used against me. What to do?

I would imagine that comments of bury the body or some such really wouldn't be very constructive. A seemingly reasonable suggestion has been to have an attorney on retainer, call him, let him call 911 and come to speak for you. But in reality I don't know any lawyer that hands out a home number, and if somebody attacked me at 2 am would an attorney really come?
 
J

jmelvin

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Hey somebody must be working through the book I lent him today! :)

For those not in the know some of the postulated questions and discussion points from this come from "After You Shoot: Your Gun's Hot, The Perp's Not, Now What?" by Alan Korwin.
 
J

JC_Biggs

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anytime you draw your arm, or are attacked and use self defense (IMHO) i would call the po po...if you did nothing but defend yourself, it shouldnt matter wether you have a lawyer or not, and if you need one at some point, well, you did nothing wrong. so again why worry about it? file a report and be done with it
 
nuc65

nuc65

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JC_Biggs said:
anytime you draw your arm, or are attacked and use self defense (IMHO) i would call the po po...if you did nothing but defend yourself, it shouldnt matter wether you have a lawyer or not, and if you need one at some point, well, you did nothing wrong. so again why worry about it? file a report and be done with it
Click to expand...

The "I did nothing wrong" approach might not be the best thought process. Look at Skidmark, Gerald Ung, probably a few others.
 
nuc65

nuc65

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jmelvin said:
Hey somebody must be working through the book I lent him today! :)

For those not in the know some of the postulated questions and discussion points from this come from "After You Shoot: Your Gun's Hot, The Perp's Not, Now What?" by Alan Korwin.
Click to expand...

My thoughts are very provoked by this book...
 
J

jmelvin

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Take note pal, there may be 2 of your existing friends who are headed to the shindig user is putting on. Consider yourself an acceptable passenger to the trunk compartment of a car. :)

(PS: It's a hatchback so you get the back window all to yourself.)
 
C

Citizen

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Nuc,

If a fella can't attend a class for fiscal or distance reasons, there are plenty of resources available in print and on-line.

I do not yet have Korwin's book, but its on my list.

You could buy and read In the Gravest Extreme by Massad Ayoob. I seem to recall he had advice on whether and how to make the phone call.

Also, you might hunt up a copy of the 2006 Virginia Gun Owners Guide. I believe there might have been some advice in there. Korwin was a co-author.

Also, there is probably some good advice on the internet. You'll want to evaluate the "credentials" of the author.

None that I have read all agree. This is one of those areas where you will just have to make your own decisions.
 
S

simmonsjoe

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Mattaponi, Virginia, United States
JC_Biggs said:
anytime you draw your arm, or are attacked and use self defense (IMHO) i would call the po po...if you did nothing but defend yourself, it shouldnt matter wether you have a lawyer or not, and if you need one at some point, well, you did nothing wrong. so again why worry about it? file a report and be done with it
Click to expand...

nuc65 said:
The "I did nothing wrong" approach might not be the best thought process. Look at Skidmark, Gerald Ung, probably a few others.
Click to expand...

Nuc is right on this one JC. Lawyers and the 4th and 5th ammendments are there to protect the innocent.
 
J

jmelvin

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Thanks Sharkey! That looks like similar wording to what Alan suggests implementing as code in his book. I know he's active with the AZCDL so it wouldn't surprise me if he wrote it up and submitted the suggested wording to his own government rep.
 
nuc65

nuc65

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Citizen said:
Nuc,

If a fella can't attend a class for fiscal or distance reasons, there are plenty of resources available in print and on-line.

I do not yet have Korwin's book, but its on my list.

You could buy and read In the Gravest Extreme by Massad Ayoob. I seem to recall he had advice on whether and how to make the phone call.

Also, you might hunt up a copy of the 2006 Virginia Gun Owners Guide. I believe there might have been some advice in there. Korwin was a co-author.

Also, there is probably some good advice on the internet. You'll want to evaluate the "credentials" of the author.

None that I have read all agree. This is one of those areas where you will just have to make your own decisions.
Click to expand...

I've been reading these items, and yes situational dependence it at the heart of the matter. The issue I am offering discussion on is the 911 call. No one is legally obligated in VA to call 911 (maybe?) but if you don't the matter will be trotted out to a jury (likely) and presented as hiding something. If you do, the state has a voice recording of your panic stricken words to use against you. The AZ bill is probably a good way of addressing this implicit waiver of your right to silence. http://www.gunlaws.com/ has some interesting reading.
 
peter nap

peter nap

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nuc65 said:
I've been reading these items, and yes situational dependence it at the heart of the matter. The issue I am offering discussion on is the 911 call. No one is legally obligated in VA to call 911 (maybe?) but if you don't the matter will be trotted out to a jury (likely) and presented as hiding something. If you do, the state has a voice recording of your panic stricken words to use against you. The AZ bill is probably a good way of addressing this implicit waiver of your right to silence. http://www.gunlaws.com/ has some interesting reading.
Click to expand...

The 911 call can also be used to solidify your case for self defense also. It all depends on what you say and what's going on.

There is at least one call I can remember that made such a strong case for self defense, the CA didn't even consider charges.
 
Marco

Marco

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In my experience a call to 911 where the caller says little to nothing and just hangs up or doesn't hang up, will cause the 911 operator to try to confirm a status, if there is no answer LEO's are dispatched to the address shown.

So, the caller has now got LE enroute without making any statements.
 
Last edited:
ProShooter

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I touch on this a bit in some of my classes. Without giving too much away, look at these statements....

I purchased a new car.

A new car was purchased.

Do they convey the same message to the listener? Now, translate that into a self-defense situation in which you are calling 911. You can figure out the rest.
 
J

jmelvin

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I've thought through some of that myself ProShooter. One could call 911 to report and event and request help without giving up too much of who did what.
 
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