imported post
hugh jarmis wrote:
"Officer, his weapon is over there, my weapon is unloaded and over there, I fired in self defense. I'm willing to cooperate fully but would like to have council present when doing so."
Then shut up.
Even that is too much talking. You've already admitted things you shouldn't have. You admited it was your weapon. You admitted you fired it. You even admitted you had the calmness of mind to unload your weapon. ALL things that could be used against you.
The 5th Amendment was not intended to keep criminals from incriminating themselves, it was intended so that the innocent wouldn't incriminate themselves.
Never talk to the police without your attorney: SAY NOTHING
http://www.youtube.com/watch?v=6wXkI4t7nuc
http://www.youtube.com/watch?v=08fZQWjDVKE
I've watched the videos in the links that you put up in the other thread. Maybe what Isaw on TVisn't the best but I don't think that saying absolutely nothing is the best either. Maybe something in-between.
In the real world the officer is going to want to know that he is safe so that you don't get shot. You need to somehow identify yourself as the victim. Maybe unloading the weapon isn't the best option, maybe you should just put it out of reach. You will be asked, and should answer where the weapon is, especially if you're at gunpoint.
Another real world scenerio. You and your attacker are the only witnesses and you have to call the police. What do you do? Call and just breath heavily into the phone until someone shows up? No. But your taped 911 call is as good as talking to the police and weall know that not calling 911 is a worse idea so your going to have to say something.
Once the police show up I think that you should let the officer know that you are willing to cooperate but should, in no uncertain terms, tell them that you will do so only when your lawyer is by your side.
So maybe something like this would be more appropriate:
1. All hell breaks loose.
2. Make sure you aren't in any more danger.
3. Call the 911 and tell them to send the ambulance and police as there has been a self defense shooting. (they're gonna ask! You have to say something! Might as well say self-defense shooting and not just shooting)
4. When you see that the police are close, get rid of your weapon and walk into an area where they will be able to easily spot you when they get there,with your hands where they can see them.
5. Say "I've been attacked, the attacker is over there. I'm willing to cooperate fully but won't answer any questions until I have legal council."
That seems like more of a real-world scenerio to me.
And of course, if they have to ask, don't consent to anything. Most likely they won't ask anyway as they most likely have probable cause at this point.
All I'm saying is that I think the ROBOTIC "I plead the 5th, I plead the 4th" doesn't really make sense in a situation where you need to look out for number 1. Specifically by not being shot by the police.