[QUOTE=Punishr]I saw this post here on the Law Enforcement Information board and it seems like good advice for an encounter with LE.
[QUOTE=Radical Guy]
I am an attorney, with about 20-30 percent of my practice devoted to criminal defense. I would like to comment that, by and large, law enforcement's single best source of evidence comes from the defendant's big mouth AFTER the defendant makes contact with a police officer. Here's a common example.
I had a client who picked up a SW. On the way to his motel room, he was pulled over by the police. One officer took the SW out and questioned her, and the other one questioned my client. The cop told the client that he should "tell the truth" because it would be "best" for him, etc. Etc. The cop also implied that the SW would tell the officers what's going on anyway, so the client may as well "come clean. " Well, my client spilled the beans and stated that, yes, he had offered money for sex, and that they were on the way to a motel to consumate the deal. Based on my client's confession, he was convicted.
Some people believe that if an officer doesn't read you your Miranda rights, then your statements cannot be used against you. WRONG! Miranda applies only to CUSTODIAL interrogations. So, if you are handcuffed in a police car, then the police need to Mirandize you before questioning. But, simply asking questions prior to taking a suspect into custody does not require Miranda warnings for the statements to be admissible. Police are, of course, well trained in intimidation tactics.
So, what should you do? Should you lie and say something like, "Oh, I was just giving her a ride"? Absolutely not! Never lie to a police officer because (1) false statements to LE is generally a crime by itself, and (2) your lie can be used to impeach your credibility and evince a consiousness of guilt. So never, repeat NEVER, lie to a LE officer.
The best thing to do when questioned by an officer is simply say, "With all due respect, officer, I decline to make any statements. " Or, "With all due respect, officer, I am invoking my right to remain silent. " If the cop keeps on asking questions, simply repeat that statement.
People are generally loathe to refuse to answer questions because they think that such a refusal could be construed as an admission of guilt. This is absolutely FALSE! People have a constitutional right to remain silent and refuse to answer LE questions. Thus, if you are arrested, the fact that you refused to answer questions could not even be brought up in court. The prosecuting attorney could not say to a jury, "Obviously, the defendant is guilty because he did not coooperate with police. " No, the prosecution must rely on whatever evidence they have unrelated to any admissions or refusals to talk by the defendant. In the state where I practice, to ensure that the prosecution doesn't even raise this issue, I use a device called a "Motion in Limine" prior to the actual trial (and outside the presence of the jury), wherein I ask the judge to, in essence, order the prosecution to not even make any reference to my client's refusal to answer questions. The judge invariably grants the motion, and the DA is gagged.
In short, making statements to police cannot help you, they can only hurt you. In most of my criminal cases, if my client had only kept his or her mouth shut, the police would not have had enough evidence to make an arrest, let alone obtain a conviction. And as for the threat that the SW will "spill the beans, " I would not worry too much about that (unless she is a LE decoy) because her testimony alone would probably have absolutely no credibility.
If you keep your mouth shut when encountering police, and just politely refuse to answer questions, then police and prosecution will have to rely on other evidence to convict you. Well, at this point, there's nothing you can do about that, although, your attorney may be able to spin it to your favor. However, a defendant's own statements, if legally obtained by LE, are very difficult to refute in court.
Of course, as an attorney, I should point out that the best way to avoid legal problems is to never commit any crimes. With that said, remember to KEEP YOUR MOUTH SHUT!
[/QUOTE]
In other words there is no reason to talk with LE, they either have the physical evidence they need to charge you or they don't. There is simply nothing to talk about.[/QUOTE]
[QUOTE=Spartan99]Having had the experience of being questioned by LE, and let go, I can only say Amen. I had the boys roll up on me, SW jump out and walk away. They asked me a bunch of questions. All the while, I had already zipped up (condom on and all), and had my insurance, ect. ready by time they got to the window. After long questions in the alley, I did pose a question to them, "since me vehicle is properly operated on public roads, is there a problem with me being here?" They agreed there wasn't. After much threatening, HIV scare tactics, call your house, ect, I was let go. They were mature cops and we all knew what was up. They knew I wasn't going to crack. They asked if I had the day off, and that they were going to call me boss. It was crazy looking back.
Not that I am a lawyer, but have been sued quite a bit and did some constitutional law classes back in college (post Miranda). Radical is right. The Miranda rights only apply when your "in-communicado." Forgive the spelling, but basically the protection was set up for suspects unable to control their own setting, ect. Much case law defines the concept, but in your car, on a public road, your house, office... Miranda doesn't apply.
Never lie. LE are very good at detecting these.
Follow the rules and recon your areas well. Any concerns, call it a day, and don't pick up, just do recon. Have your car legal and in good working order. Buckle up. Be safe and try to keep some regular SPs at the ready.[/QUOTE]
Having been down the LEO brick road myself, I think all of the above is VERY good advice. Another thing I always TRY to do is have my story straight all the time, and try to get SP's REAL(as in on their Drivers License) name, so the story is we know each other and decided to hang out.
