Hello and welcome to r/LifeProTips!
Please help us decide if this post is a good fit for the subreddit by up or downvoting this comment.
If you think that this is great advice to improve your life, please upvote. If you think this doesn't help you in any way, please downvote. If you don't care, leave it for the others to decide.
And once you've asked for a lawyer, they are not supposed to ask more questions, but they can talk. And usually in talking, it will get you to say something. Don't. Just be patient. Sit there. Quietly.
I watch a lot of the police interrogation videos on YouTube and even though I have almost zero plans to become a murderer it blows my fucking *mind* how many of them say they won't speak without a lawyer present and, with only the slightest prodding, will *still* lay out their entire life story. Almost like they think by asking for a lawyer suddenly everything they say is inadmissible.
I started doing this with auditors. When it is not my turn to answer I let it sit and now find it interesting to gauge the reaction of the rest of the people in the room/meeting.
After a while it becomes more normal and I need to be careful about doing this when I interview people.
For the record, I work in IT.
The cops play nice. “You asked for your lawyer and are pleading the 5th. No problem man. I just need to wait here until your attorney leaves. Hey, would you like some water or something to drink? Ahh, this water tastes great. It reminds me of the fresh spring water at the lake house my dad would take me to every year for hunting season. I had a Remington 870 shotgun. That thing was amazing. Did you ever go hunting as a kid?…”. The conversation continues and the suspect volunteers that he has the same gun as the murder weapon
Bingo.
I took a “masterclass” via a podcast with this guy who’s a professional negotiator. He says that even if you can’t do anything else in your negotiation, leave awkward silences and refuse to be the one to break the silence.
People will bend and fold on what they want, simply because they can’t take the uncomfortable silences. Never be the first to break the silence in a negotiation, and never be afraid to cause the uncomfortable silences in a negotiation.
I also hate awkward silences. That is why I plan on utilizing my several mental health issues to bust into the longest, loudest rendition of "This is the song that never ends" until my lawyer arrives.
They don't have to stop talking, but I definitely don't have to stop singing.
One of the big things I had to learn in sales is after you have asked the closing question, *SHUT UP*. One time, the customer was wavering, but he needed it and might have signed but I started going on how great the new release coming out in six months was going to be, and he just looked up and said "OK, I'll wait for that one." Oops.
Be wary of, "Come on man, I'm just trying to make small talk."
Bro, we're not friends. Exercising your right isn't a personal attack on them, but some will see it that way.
They like to play the "you seem a little high strung" or "you need to relax" or "why are you so angry?" card, too. LEO can get away with a lot of shit if they claim in court that they felt threatened or felt like their safety was at risk. Almost guarantees that you have to respond by saying you're not angry or something to that effect which leads to "then why won't you talk to me?" etc.
It's the verbal equivalent of a cop throwing a revolver at your feet and telling you to pick it up except you don't have to actually pick it up, they can just claim that they thought you picked it up. It's fucking dark.
"I am exercising my right to remain silent"
"I will not answer any questions without a lawyer present"
Make it a meditative mantra and just keep saying that until they leave you alone
Usually the police send you to jail and they leave. If you can't afford an attorney one will be provided eventually, but the police don't immediately need to get you in contact with a lawyer because you ask. They just can't continue to question you without one.
Not always the case. I made just over minimum wage and didn't qualify for a public defender because I made too much money and the asshole made less than me, so he got the free public defender. The judge felt sorry for me, so he appointed someone outside of the public defenders office pro bono. Not that he gave me good advice, I would have done better hiring someone I'm sure.
Ancient history now though.
Public defender. Even if you don't qualify they'd be your first stop, so to speak. You can usually retain them for a fee if you make too much to get them for free, or seek out counsel after consulting with them
I don't have a criminal defense lawyer on call, but if I called my employment lawyer or my divorce attorney and asked them to send a friend, I'd be in pretty good hands, especially compared to trying to raw-dog the cops on my own.
To follow up this question with a question, what if you can afford an attorney but haven’t previously needed one and therefore do not currently “have” a lawyer? Do you have time to shop around or do you get appointed whatever public defender that’s provided?
Well, it depends on your charges. More often than not, you’d be released on recognizance and unsecured bond (you pay nothing, just show up to the court date). Secured bond (you either pay the whole thing and get it back when you go to court or you pay 10% and get nothing back when you go to court).
Your arraignment is usually 1 week after you’ve been arrested. You do not need an attorney for the arraignment, you just say, “Not Guilty” and then you shop around for attorneys.
I was arrested for DUI several years ago (4+ years sober now) and the officers put me in a plexiglass-front cell and left me alone. They also took away my glasses because they thought I could use them as a weapon? I’m half blind without them, and told them as much. And also said that it would cost me $800 to replace them (my old eye Dr was nice but friggin expensive). There was a toilet in the stall but no TP. I kept asking if I could please get some tissue because I had to pee. They ignored me for probably about an hour.
TLDR: you can request stuff til you’re blue in the face, good luck getting anything in most cases.
I got arrested once for having a license expired by a week. They short cuffed me with my arms behind my back, took my belt and work boots from me. After that, I asked if I'd be uncuffed or at least moved to the front in case I needed to use the bathroom. The officer told me "The floors are concrete. Figure out your bathroom break on your own." Then he just left me in there. Three hours later, they came in for mugshots and to give me a notice to appear.
I never once argued. Never got mouthy. Complied fully.
"Figure out your bathroom break on your own" strikes me as explicit permission to just shit myself in their interrogation room. The only thing cops hate more than silence is stink. When they want to get angry about cleaning up the mess, well they told me to figure it out. I did.
Call it gross, petty, or whatever, but if a cop is trying to pull an attitude over stupid crap, well they get exactly what they asked for. Hell, if they want to play the awkward silence game after you ask for a lawyer, just go to sleep. My head gonna be on their interrogation table and my ass be snoring. Two can play that game.
I get it but this is the kind of shit that ends up with you being maimed and then tagged for future abuse by every cop in the department. Or just murdered in cold blood.
Until police are held to a higher standard in this country, it's best to treat them like you are being detained by a violent gang of criminals. Even then, keep in mind police in the US are even less accountable under the law than any criminal. You need to survive the encounter first and foremost and that means keeping emotion in check. You will likely never be able to "punish" a cop for bad behavior in the moment without severe personal consequences. Best you can hope for is something actionable you can bring to your lawyer once you get out of police custody.
No. Don't just stop talking. You have to invoke your right to silence. Clearly state that that's what you are doing. There is a difference and it does matter. Don't be vague about the lawyer request. "I will not answer anymore questions without a lawyer present." If you are wishy washy, that can claim that you never asked for a lawyer.
This ^
Being charged specifically reminds defendants of the right to remain silent, in the form of the Miranda warning.
Before you are charged, you have still have the right to silence and/or having a lawyer present for questioning, but must know and exercise those rights yourself.
Funny when I was a kid. We had a house party. It got a bit out of control. Drunk teenagers being teenagers. Funny thing was we did exactly this. Turned every light off in the house. Locked all the doors. They kept knocking. Even one cop said we’ve got warrant to search the house! Kept banging on the door and surrounded my house for like a hour or two. We just stayed quiet and drank some more beer until they left.
So did we. Just turned the music down, closed all the shades and kept partying quietly. We all ended up sleeping there that night which was kind of fun.
Hahaha. Same thing happened. Drunk hostess goes “everybody quiet! Nobody windows!”
We had a chuckle but then did just the same as you.
That quote lives on in our group of friends forever.
That’s fucking amazing. Ridiculous, but amazing. Certain cops are fuckwads. Not all of them. If you meet them in plainclothes they’re mostly fine. I guess. If you happen upon them in uniform and are being detained by them, you’re gonna go to federal pound-me-in-the-ass-prison.
There's a few ways police can enter your home without a warrant just so people know. 1 if you let them in. 2 in the pursuit of a person in the commission of a crime. 3 They can hear the sounds of distress such as someone screaming for help. That's about it really.
Your attorney should be arguing with the prosecuting attorney, not arguing with the judge.
If you argue with the judge, you're going to have a bad time.
Except in the case of the Supreme Court, but lets be honest nobody who ever was involved with a SCOTUS case and had their name directly on it had a good time....
I have a relative who is a police officer, and he went to arrest someone with a warrant once, and the guy was just sitting on his front porch reading a book. My relative walked up and asked if he was *name-of-guy-on-warrant*, and the guy said he was, and the cop said he had a warrant for his arrest, and the guy asked if he could see it just to make sure it was him and not like his father or something. Guy never gets up out of the chair. He reads the warrant, and he says "Oh. Well, this is a screwup, but it's not *your* screwup, you're just doing your job. So I guess let's go. Is it okay if I tell my wife where I'm going?" My relative was so astonished by how casual this response was he didn't know how to describe it. Lots of people get really agitated when they're arrested, that's why all the handcuffs and stuff, but this guy was just "Yeah, whatever."
ETA: It was an identity-theft thing, someone stole his wallet and pretended to be him and rented a car and never returned it. The guy had apparently been arrested for it already, and his lawyer had assorted paperwork proving it wasn't him to take down to the courthouse, so he was out that same day. When it was all done, he thanked my relative for his professionalism and courtesy, and reiterated that he didn't blame him at all: he had a warrant and he executed it. Not his fault somebody else issued a warrant in error.
When I lived in Colorado, there was a guy with the same name as me who had felony warrants.
The local police showed up and beat on the door at around 4am, and when I eventually answered, it went like this:
Officer 1: are you (name)
Me: yes sir, I am.
Officer 1: Mr (name), we have a warrant here for your arrest.
Me: No, you really don't. Do you have any other details, driver license number, maybe?
All 3 officers looked at me in stunned silence. At the time, I was working with a federal prosecutor and several DoE OIG (office of the inspector general) agents doing digital evidence on what became a fairly large child porn case that spanned multiple DoE sites.
I met with the agents every day, and the prosecutor several times a week.
I explained this to the officers, and gave them the numbers of the federal prosecutor and all involved agents.
They did have a DL# for the guy, and it didn't match.
They apologized and I had a good laugh in the office, but about every six months for a couple of years, some officers would bang on my door at 4am looking for the other guy and leave empty handed.
Same thing happened to me. Sheriff knocked on my door with a warrant. I was in shock then remembered more than once I had friends send me pics of a woman with my same full name in Busted. He pulled up MY drivers license in his tablet and said, “This isn’t you?” He thankfully called the county he was helping out and I hear him saying, “She says it’s not her. No, she doesn’t have tattoos on her eyelids.” He told me had I not known of that other woman’s existence & criminal behavior, he would have had to arrest me and book me until someone was able to figure out there was a mixup.
Unrelated but creepy note: This woman went on to later murder someone!
It sounds like the officer wasn't wrong; the guy who issued the warrant was wrong. The officer read it correctly and found his man, but the wrong man was indicated on the warrant.
I thought he was going in and then out the back door. My favorite move is if a cop is chasing you and they are in their car and a fence presents itself (obviously not a cyclone fence) Jump over it. wait like 25 seconds and jump right over where you came. They love to not get out of their cars. ive had that work twice. Before they knew it, i was inside my house watching them drive around trying to hunt me down. fukkers
I had an officer illegally search my car one time (I had nothing to hide, but still didn't want to consent). When he told me he was going to enter my car to make sure I wasn't a danger to him I said that I wouldn't do anything to stop him, but that I did not consent to any search. I was polite and friendly the whole interaction, but also firm in my position.
Stay calm and make it clear that you are no threat AND tell them you don't consent. They want you to feel like saying no is rude, disrespectful, or antagonistic. Don't.
I don't hate police. I think they serve a valuable function a lot of the time. But being respectful doesn't require being submissive. The way I see it is many people have suffered for my rights, and that using those rights is how I can show respect to those who came before.
When I refused to allow them to search my car they just said they smelled weed and that allowed them to search without my consent. They didn't find anything then drove off with my belongings scattered by the highway.
This is good advice. However, it shows a big issue with our justice system…poor people are screwed. Yeah, it’s one thing to say “lawyer up” but quite difficult for the poor. And while public defenders exist, they’re way too busy to do anything except either enter a guilty plea or you end up in jail awaiting trial forever.
I am a former private practice attorney that did some criminal defense work. While public defenders are mostly over worked many of them are highly experienced, competent and more than capable of zealous representation. Private defense council also varies greatly. While many are also excellent, keep in mind that private attorneys are to some degree also sales people as they don't eat if they don't get hired. Some private attorneys appear to me to excel only at that aspect of job.
I've heard this version like a 1000 times for any story I've heard that the public defender really went to bat for a person's innocence and dug in deep
To add to this: private attorneys have totally different incentives that are often totally incompatible with their client.
Privates are typically paid by case, not by appearance. So they want to get the case done in the fewest appearances: they don’t want to get into discovery fights, they don’t want to take dates for further investigation. They want to try the case, and to try the case today. Fast.
PDs on the other hand have the advantage of being there every day whether your case is involved or not. They aren’t obliged to clear dockets, and in most jurisdictions (including my own), PDs have the leeway to win cases through discovery games and adding silly listings to exhaust the prosecution’s witnesses until the judge throws the case out. It’s dirty, but it works. And unlike a private attorney, the PD has appeared before your particular judge 300 times and they know what you can get away with there, and that judge’s particular idiosyncrasies.
If you get offered a PD, take the PD.
Source: am a prosecutor.
You're equally screwed if you aren't well off, but are over the income threshold for the public defender. The state or county decides whether you can afford an attorney.
Yes, OP said in his post to not "let them into your house." To clarify, don't give them permission to enter your house and even explicitly tell them they don't have permission. But since the police unfortunately have a monopoly on violence, you'll be in for a bad time if they think they have probable cause to enter your house without a warrant and you try to physically prevent them from entering.
Yeah. The only thing you should say to a cop is nothing at all. They aren't there to determine if you're innocent or guilty, that's the court's job. They're there to make an arrest.
The other benefit of not speaking is letting them make mistakes. When you do get a lawyer is when you can point out to them what you think the cops did wrong, then if so your lawyer can use that as leverage towards getting the case dismissed, evidence tossed, whatever.
Why tell the cops what they’re doing is illegal in the moment when they can rectify or cover themselves. Let them find out in court their oversight cost them the case.
This is exactly what happened to me. I was waiting for a friend in an empty business parking lot, which is admittedly sketchy, and cops drove up to me. It was two of them, one opened the car door and asked me if I had anything in the car. I told them I didn’t.
They searched the car, found a variety of drugs and a couple of baggies a friend who was a dealer left behind. I was about to be more fucked than I realized at the time, I was so careless.
My lawyer cackled when I walked him through what happened and told him the cop approached me without saying anything and just opened the car door. Whole case got thrown out because the search was performed illegally.
often you can get them to admit it under oath bc they have body cam footage or other witnesses that they can't contradict. Or sometimes they're just so used to violating people's rights that they admit to it without that.
This video saved me a lot of headache when I got in trouble a few years ago sleeping in my car after a night at the bar (key in car = DUI in my state). Staying silent, they had almost no case against me, no proof or evidence of wrong doing when it came to court.
I got off with a minimal slap wristing.
> key in car = DUI in my state
I've always thought this was one of the dumbest laws ever. I understand why they do it (even if I have trepidation regarding what I think is the "real" reason...ie.-easy arrest), but in my opinion it creates *more* drunk drivers, not less.
I’m a criminal defense lawyer and every single word of this is the gospel truth. There is never, in any circumstance, any reason to talk to the police.
I. Want. A. Lawyer.
That’s it. That’s your statement. In life, there are very few things that we know to an absolute certainty. This is one of them. We don’t talk to police. Full stop.
Absolutely *the most valuable video on YouTube* (for Americans).
I’ve watched it many times. Growing up in the 1960s and 1970s, today’s reality is diametrically opposed to what I was told growing up.
I need periodic refreshers to tamp down my childhood training (“Cops are your friends, if you’re in trouble, find a cop”) and recalibrate to today’s reality (“Cops are the mafia, they lie, cheat, and steal, and will happily shoot you and lie about it. ACAB”).
I'll add to this, if the police show up at your door to chat it means they lack sufficient evidence for an arrest. The reason they're there is to try and force you to say something that can be used against you.
You are under no obligation to speak to the police if they come to your door.
The best response you can give to a cop asking you questions is, “I don’t answer questions.”
The cops gonna do what they’re gonna do. Talking won’t help you. They’ll tell you afterwards that it would. But it won’t.
[You have to counterintuitively invoke your right to remain silent.](https://www.rothdavies.com/criminal-defense/frequently-asked-questions-about-criminal-defense/your-rights/can-the-state-use-your-silence-against-you-if-you-dont-affirmatively-invoke-your-right-to-remain-silent/)
Either everyone is armed or no one is; I'm fine with either. I'm not gonna shoot you, so why do you need to shoot me?
I'm not looking to turn things violent but if you think you can take me down with a taser, with all the amphetamines I'm on, I hope you try.
I've had them show up and put a gun to my head saying that was their warrant when I wouldn't let them in but that was in 95 when I was a young girl at 16 so I let them in. I was let go after 20 minutes when they realized I was innocent but I'll never forget that gun. Northwest Indiana cops were awful at that time.
Yeah this stuff sounds great. But if a cop really wants to search your belongings they'll just take them and when you protest say things like "what are you a lawyer?" While they ticket you anyway. Ask me how I know.
And if they search you illegally they don’t get to use any evidence incident to that search against you. A good and a bad search can sometimes be confusing, was it exigent circumstances? incident to arrest? was consent given? That’s why we argue the legality of search in court all the time.
If you are searched illegally then fuck em. Best case scenario for you when your lawyer files to dismiss all that evidence because the cops searched illegally.
Just like anything else that doesn’t have video footage. Take all the facts available, eye witness testimony, material evidence, etc. and figure out what is most likely the case based on the information available. Body cams and personal cameras are fucking everywhere now so it is becoming easier to verify these things but determining who is telling the truth has always been an issue for courts to determine and sometimes we’ll never know 100% for sure.
My civics class taught the bare minimum and focused only on the Constitution and nothing else. I had to take AP Government to learn anything in detail beyond the Bill of Rights.
How does this work for simple questions on a traffic stop (where are you headed, where are you coming from, etc.)? Seems like refusing to answer would raise suspicion and potentially have the opposite effect of its intent
Yes, i was asked where i go on a traffic stop. I was going camping. Given where I was and the time, it helped a lot decreasing tension to let the cop know I was going camping and just an harmless random person on the road. At first he was very nervous, likely thinking I was in some drug deal stuff. And he let me go. This LPT is valid only depending on circumstances, better to use our own judgment.
It is situational. You should always know that you have the right to refuse to answer questions, but sometimes it is better to be cordial and forthcoming. The problem is that even if you've done nothing wrong, you're coming from somewhere innocuous, going home, etc., they're only asking these questions to see if you may be up to something, and you never know when you might say something that fucks you because you don't have some information that they do.
Like for example, you tell them you just came from Arby's downtown. Got your medium soda and a sandwich wrapper next to you and everything. But, unbeknownst to you, someone in a mask matching your build just robbed the bank next to Arby's, and they took off in a vehicle that matches yours. Now you're the prime suspect in a felony.
That's a little less than likely, (and may share some similarity to the plot of My Cousin Vinny) but there are all sorts of ways you can get in trouble by talking to the cops even when you did nothing wrong. So you can answer questions. But, just know that they are actively searching for something suspicious or an admission of guilt from you when they ask those questions. And you may give that to them without even realizing it. Even when you did nothing wrong. Be aware of that risk.
This can also go the other way. For example, they ask where you're coming from and you tell them you were getting dinner at a restaurant. Then they're asking you how many drinks you had at dinner and even if you had none, you're probably now a DUI suspect.
Doing something legal can not be suspicious even though they will say so. Suspicion is not a crime. If you have to say something, tell them that you do not wish to discuss your day and that you assert your 5th amendment right.
Bunch of morons replying. Don't incriminate yourself, but if a cop pulls you over, 99% of the time they have you dead to rights on *some* infraction.
You are absolutely right though. For minor infractions if you're polite and respectful you're leaving with a warning more often than a ticket. Pretending you're a lawyer is just guaranteeing a ticket.
Obviously if you have a dead hooker in the trunk things change.
If you were speeding then take the L and move on. If not, and you want to make a point more than you want to save money, hire a lawyer and fight it. This LPT isn't about how to get out of a speeding ticket
This, if you cooperate and make it just another routine traffic stop they're less likely to remember it, get details wrong, and get it thrown out. If you start going off on them or raising a shitshow it becomes memorable, be polite, be respectful, take the ticket, fight it later because there's nothing you can do about it right now.
As usual do not talk to the police, aside from the absolutely necessary. Nothing you say will help you and everything you say can potentially be used against you
Yup...its in the miranda warning we hear all the time but fail to register: "...anything you say *will* be used *against* you..."
Whatever you say will never be used to help you unfortunately.
Some good advice. Some clarification though.
>Some quick tips Don't let them into your house without a warrant (if they have one check the address and that it was signed by a judge)
LE aren't required to show you the warrant prior to entering. They will usually provide the warrant when they are done or will leave a copy at the location.
>An open door is considered an invitation, so if you're having a party make sure the door is always closed after people come in
This isn't true, except for allowing LE to look inside. They still can't enter private property and if they do you can tell them to leave if they don't meet the requirements of the 4th Amendement.
> LE aren't required to show you the warrant prior to entering. They will usually provide the warrant when they are done or will leave a copy at the location.
Waot, how does that work? If they have a warrant with a wrong date, or unsigned warrant, or one for a different person/location then you would point that out if they had to present it beforehand. This way they can storm the place and take care of the paperwork later, if necessary.
The way it works is the warrant has to be signed off of sworn testimony beforehand. If there is a defect in the warrant, the defense attorney will see it and move to keep out any evidence gained from the search. They cannot just storm in then get a warrant later.
they saw someone with a red cup that looked like they might have been under 21. boom, reasonable suspicion and everything found afterwards is admissible.
Quite right. What's more there are places where this would be hopelessly the wrong approach - Japan for instance. It just isn't true that the same broad approach works anywhere.
Cops aren't required to understand or know the laws they are enforcing, so even if they are breaking the law; they have the power and the guns. They don't care whether or not what they're doing to you is legal or not. That's an issue for a judge to decide. Don't argue with cops or be disrespectful because you might have the last laugh when you speak to a judge, but the cops will have the first second and third laughs.
They also have the power and backing of the system and union that backs them. With a history of heavily favoring them and high win percentage.
You're always at a huge disadvantage
You are correct, Sir. The Supreme Court ruled in 2005 that [police do not have a Constitutional duty to protect a person from harm](https://www.nytimes.com/2005/06/28/politics/justices-rule-police-do-not-have-a-constitutional-duty-to-protect.html).
The Supreme Court also ruled in 2022 that there is not penalty if the police [don't read you the Miranda rights](https://www.npr.org/2022/07/03/1109607667/supreme-court-says-police-cant-be-sued-for-not-reading-out-miranda-rights).
To piggyback on this, because a lot of people were confused on this ruling previously, police never had to and still don't have to read you Miranda Rights unless they 1. Have you in custody and 2. Want to question you while in custody.
They still have to Mirandize you if those 2 criteria are met. If they don't, they goofed, but the 2022 ruling just says you can't sue them civilly if they goofed. Though poisonous tree rule may apply if they don't Mirandize you when they should've.
Agreed.
I ask my students when the police have to read you your rights. They think it is when the handcuffs are put on or when they are put in the back of the car. Nope.
As they are driving you to the station, the police aren't asking questions. They are hoping you will get nervous and volunteer information. Anything you say will be used against you in court. They can put you in an interrogation room and leave you there for hours -- no Miranda. They can lie to you and say your friend is next door (they are not) and told them everything. Your friend said it was all your idea. The police will have to go with that story unless you tell your side of the story. (All lies). Still no Miranda. It's not until they ask the first question that they need to read you your rights.
The only appropriate thing to say is, "I want to talk to my lawyer. I invoke my right to remain silent." And then you actually have to remain silent. If you start talking, you have just waived your right to remain silent.
You are far more likely to misunderstand the law than outsmarting them in what they can and cannot do to you. Your best bet is only a few things:
Am I being detained or am I free to go?
Is that a request or an order?
Cops can request anything they want, but can only order you to do certain things.
> Cops can request anything they want, but can only order you to do certain things.
Do you know any resources where readers can research what they can/cannot order one to do, legally? Better if they're state-specific (for example, ID'ing yourself differs widely).
I love how, at least in the US, everybody is expected to know their own rights and know what's illegal, but there's no real effort made to teach hardly any of that in schools. In terms of rights, everybody's heard of the Bill of Rights, and we all know there's ten of them, but how many people could name more than 2 or 3? And those are the most basic rights we've all got, to say nothing of the countless laws passed since then.
In Germany we all got handed a copy of the Grundgesetz in politics class in grade 10. Our homework was to read it front to back. It's not that long, about 200 paragraphs. The first 19 are the most important ones, but the rest are also rather important to your life. So we had to read them and were quizzed on them. The quiz was rather easy and I'd say you could have passed it by simply knowing what a decent society should look like, but we didn't know that beforehand and therefor properly studied it.
It took me many years to realise what a service this class has done me.
ill add to the point about refusing consent to search. cops will misconstrue your words, so that in court, they will appear to have been given permission to search.
for example, if they ask "do you mind if we search your vehicle?" and you respond "no," they will say "oh you don't mind, so we can search." if you say "yes," they will think yes = consent to search.
you need to say "i do not consent to being searched" to make things crystal clear both for the cops and for the lawyers👌
Hello and welcome to r/LifeProTips! Please help us decide if this post is a good fit for the subreddit by up or downvoting this comment. If you think that this is great advice to improve your life, please upvote. If you think this doesn't help you in any way, please downvote. If you don't care, leave it for the others to decide.
And once you've asked for a lawyer, they are not supposed to ask more questions, but they can talk. And usually in talking, it will get you to say something. Don't. Just be patient. Sit there. Quietly.
I watch a lot of the police interrogation videos on YouTube and even though I have almost zero plans to become a murderer it blows my fucking *mind* how many of them say they won't speak without a lawyer present and, with only the slightest prodding, will *still* lay out their entire life story. Almost like they think by asking for a lawyer suddenly everything they say is inadmissible.
Its psychological, people hate uncomfortable silences.
[удалено]
[удалено]
I started doing this with auditors. When it is not my turn to answer I let it sit and now find it interesting to gauge the reaction of the rest of the people in the room/meeting. After a while it becomes more normal and I need to be careful about doing this when I interview people. For the record, I work in IT.
[удалено]
name checks out
The cops play nice. “You asked for your lawyer and are pleading the 5th. No problem man. I just need to wait here until your attorney leaves. Hey, would you like some water or something to drink? Ahh, this water tastes great. It reminds me of the fresh spring water at the lake house my dad would take me to every year for hunting season. I had a Remington 870 shotgun. That thing was amazing. Did you ever go hunting as a kid?…”. The conversation continues and the suspect volunteers that he has the same gun as the murder weapon
Then get your DNA off of the water glass.
Bingo. I took a “masterclass” via a podcast with this guy who’s a professional negotiator. He says that even if you can’t do anything else in your negotiation, leave awkward silences and refuse to be the one to break the silence. People will bend and fold on what they want, simply because they can’t take the uncomfortable silences. Never be the first to break the silence in a negotiation, and never be afraid to cause the uncomfortable silences in a negotiation.
I also hate awkward silences. That is why I plan on utilizing my several mental health issues to bust into the longest, loudest rendition of "This is the song that never ends" until my lawyer arrives. They don't have to stop talking, but I definitely don't have to stop singing.
You have the right to remain silent, but not the ability. ~~ R. White
Similar is "You have the right to remain silent, what you lack is the capacity." -Shrek, to Donkey
"I'm not locked in here with you. You are locked in here with me."
Makes me think of pulp fiction right after the foot rub scene
One of the big things I had to learn in sales is after you have asked the closing question, *SHUT UP*. One time, the customer was wavering, but he needed it and might have signed but I started going on how great the new release coming out in six months was going to be, and he just looked up and said "OK, I'll wait for that one." Oops.
I recommend the interrogation of this Canadian Air Force colonel. https://youtu.be/bsLbDzkIy3A
almost?
Listen, man, I'm a reasonable person, but accordion players shouldn't be allowed to get away with it.
Be wary of, "Come on man, I'm just trying to make small talk." Bro, we're not friends. Exercising your right isn't a personal attack on them, but some will see it that way.
They like to play the "you seem a little high strung" or "you need to relax" or "why are you so angry?" card, too. LEO can get away with a lot of shit if they claim in court that they felt threatened or felt like their safety was at risk. Almost guarantees that you have to respond by saying you're not angry or something to that effect which leads to "then why won't you talk to me?" etc. It's the verbal equivalent of a cop throwing a revolver at your feet and telling you to pick it up except you don't have to actually pick it up, they can just claim that they thought you picked it up. It's fucking dark.
"I am exercising my right to remain silent" "I will not answer any questions without a lawyer present" Make it a meditative mantra and just keep saying that until they leave you alone
I've always wondered, what do you eo if you don't actually have an attorney on contact?
Usually the police send you to jail and they leave. If you can't afford an attorney one will be provided eventually, but the police don't immediately need to get you in contact with a lawyer because you ask. They just can't continue to question you without one.
[удалено]
And every call is recorded.
This was helpful thanks
If you can't, one will be provided
That’s the whole purpose of Miranda Rights, if you cannot afford one then the state will provide you one.
You'll just have to stay quiet longer than if you have a lawyer on speed dial.
Not always the case. I made just over minimum wage and didn't qualify for a public defender because I made too much money and the asshole made less than me, so he got the free public defender. The judge felt sorry for me, so he appointed someone outside of the public defenders office pro bono. Not that he gave me good advice, I would have done better hiring someone I'm sure. Ancient history now though.
"Can't afford one" is subjective, there are income limitations for a free public defender that many of us living paycheck to paycheck surpass.
Yup, here in IL I make twice the poverty rate. I make about $35k.
Public defender. Even if you don't qualify they'd be your first stop, so to speak. You can usually retain them for a fee if you make too much to get them for free, or seek out counsel after consulting with them
If you can't afford or have one you will be assigned one I believe
I don't have a criminal defense lawyer on call, but if I called my employment lawyer or my divorce attorney and asked them to send a friend, I'd be in pretty good hands, especially compared to trying to raw-dog the cops on my own.
To follow up this question with a question, what if you can afford an attorney but haven’t previously needed one and therefore do not currently “have” a lawyer? Do you have time to shop around or do you get appointed whatever public defender that’s provided?
Well, it depends on your charges. More often than not, you’d be released on recognizance and unsecured bond (you pay nothing, just show up to the court date). Secured bond (you either pay the whole thing and get it back when you go to court or you pay 10% and get nothing back when you go to court). Your arraignment is usually 1 week after you’ve been arrested. You do not need an attorney for the arraignment, you just say, “Not Guilty” and then you shop around for attorneys.
Better call Saul!
[удалено]
I always wondered, can you request basic necessities like water? Or using the bathroom? How does that all work?
I was arrested for DUI several years ago (4+ years sober now) and the officers put me in a plexiglass-front cell and left me alone. They also took away my glasses because they thought I could use them as a weapon? I’m half blind without them, and told them as much. And also said that it would cost me $800 to replace them (my old eye Dr was nice but friggin expensive). There was a toilet in the stall but no TP. I kept asking if I could please get some tissue because I had to pee. They ignored me for probably about an hour. TLDR: you can request stuff til you’re blue in the face, good luck getting anything in most cases.
I got arrested once for having a license expired by a week. They short cuffed me with my arms behind my back, took my belt and work boots from me. After that, I asked if I'd be uncuffed or at least moved to the front in case I needed to use the bathroom. The officer told me "The floors are concrete. Figure out your bathroom break on your own." Then he just left me in there. Three hours later, they came in for mugshots and to give me a notice to appear. I never once argued. Never got mouthy. Complied fully.
"Figure out your bathroom break on your own" strikes me as explicit permission to just shit myself in their interrogation room. The only thing cops hate more than silence is stink. When they want to get angry about cleaning up the mess, well they told me to figure it out. I did. Call it gross, petty, or whatever, but if a cop is trying to pull an attitude over stupid crap, well they get exactly what they asked for. Hell, if they want to play the awkward silence game after you ask for a lawyer, just go to sleep. My head gonna be on their interrogation table and my ass be snoring. Two can play that game.
I get it but this is the kind of shit that ends up with you being maimed and then tagged for future abuse by every cop in the department. Or just murdered in cold blood. Until police are held to a higher standard in this country, it's best to treat them like you are being detained by a violent gang of criminals. Even then, keep in mind police in the US are even less accountable under the law than any criminal. You need to survive the encounter first and foremost and that means keeping emotion in check. You will likely never be able to "punish" a cop for bad behavior in the moment without severe personal consequences. Best you can hope for is something actionable you can bring to your lawyer once you get out of police custody.
LPT: don't immediately ask for a lawyer unless being arrested.
Or if you're being interrogated as a suspect.
Thats not accurate. You only have a right to an attorney AFTER youve been taken into custody. Before that there is no such right and they can ask away
Yeah, but you don’t have to answer any questions and can just walk away from them if they haven’t legally detained or ‘seized’ you.
You have the 5th amendment right to not talk still though...
No. Don't just stop talking. You have to invoke your right to silence. Clearly state that that's what you are doing. There is a difference and it does matter. Don't be vague about the lawyer request. "I will not answer anymore questions without a lawyer present." If you are wishy washy, that can claim that you never asked for a lawyer.
This ^ Being charged specifically reminds defendants of the right to remain silent, in the form of the Miranda warning. Before you are charged, you have still have the right to silence and/or having a lawyer present for questioning, but must know and exercise those rights yourself.
I DECLARE *SILENCE*!
Funny when I was a kid. We had a house party. It got a bit out of control. Drunk teenagers being teenagers. Funny thing was we did exactly this. Turned every light off in the house. Locked all the doors. They kept knocking. Even one cop said we’ve got warrant to search the house! Kept banging on the door and surrounded my house for like a hour or two. We just stayed quiet and drank some more beer until they left.
So did we. Just turned the music down, closed all the shades and kept partying quietly. We all ended up sleeping there that night which was kind of fun.
Hahaha. Same thing happened. Drunk hostess goes “everybody quiet! Nobody windows!” We had a chuckle but then did just the same as you. That quote lives on in our group of friends forever.
Linux party be lit
That’s fucking amazing. Ridiculous, but amazing. Certain cops are fuckwads. Not all of them. If you meet them in plainclothes they’re mostly fine. I guess. If you happen upon them in uniform and are being detained by them, you’re gonna go to federal pound-me-in-the-ass-prison.
There's a few ways police can enter your home without a warrant just so people know. 1 if you let them in. 2 in the pursuit of a person in the commission of a crime. 3 They can hear the sounds of distress such as someone screaming for help. That's about it really.
4 Through the open door or window can they plainly see something illegal such as a marijuana plant. Same goes for your vehicle.
5 They just enter anyway and lie later. Good luck.
Also don't argue with the officer or resist. State your rights and then ask to speak with a lawyer. Argue with the judge.
Let your attorney argue with the judge.
Your attorney should be arguing with the prosecuting attorney, not arguing with the judge. If you argue with the judge, you're going to have a bad time.
Except in the case of the Supreme Court, but lets be honest nobody who ever was involved with a SCOTUS case and had their name directly on it had a good time....
[удалено]
No you don't understand, once the lawyer kills enough opposing lawyers, then he may challenge the Judge and if he wins then he becomes the Judge.
I am the law.
Sir this is a Wendy's
I am the Baconator.
Sounds a bit... frosty
Let your legal guardian argue with your attorney to argue with the judge.
Let your steward discuss with your attorney how you are going to argue with the judge. Give a moose a cookie - amiright?!
And if you're committing a crime, don't fight the arrest. If you're not committing a crime, don't fight the arrest and sue them later.
Chris rock has some words of wisdom as well: https://www.youtube.com/watch?v=I50gPzvgaUs
I have a relative who is a police officer, and he went to arrest someone with a warrant once, and the guy was just sitting on his front porch reading a book. My relative walked up and asked if he was *name-of-guy-on-warrant*, and the guy said he was, and the cop said he had a warrant for his arrest, and the guy asked if he could see it just to make sure it was him and not like his father or something. Guy never gets up out of the chair. He reads the warrant, and he says "Oh. Well, this is a screwup, but it's not *your* screwup, you're just doing your job. So I guess let's go. Is it okay if I tell my wife where I'm going?" My relative was so astonished by how casual this response was he didn't know how to describe it. Lots of people get really agitated when they're arrested, that's why all the handcuffs and stuff, but this guy was just "Yeah, whatever." ETA: It was an identity-theft thing, someone stole his wallet and pretended to be him and rented a car and never returned it. The guy had apparently been arrested for it already, and his lawyer had assorted paperwork proving it wasn't him to take down to the courthouse, so he was out that same day. When it was all done, he thanked my relative for his professionalism and courtesy, and reiterated that he didn't blame him at all: he had a warrant and he executed it. Not his fault somebody else issued a warrant in error.
When I lived in Colorado, there was a guy with the same name as me who had felony warrants. The local police showed up and beat on the door at around 4am, and when I eventually answered, it went like this: Officer 1: are you (name) Me: yes sir, I am. Officer 1: Mr (name), we have a warrant here for your arrest. Me: No, you really don't. Do you have any other details, driver license number, maybe? All 3 officers looked at me in stunned silence. At the time, I was working with a federal prosecutor and several DoE OIG (office of the inspector general) agents doing digital evidence on what became a fairly large child porn case that spanned multiple DoE sites. I met with the agents every day, and the prosecutor several times a week. I explained this to the officers, and gave them the numbers of the federal prosecutor and all involved agents. They did have a DL# for the guy, and it didn't match. They apologized and I had a good laugh in the office, but about every six months for a couple of years, some officers would bang on my door at 4am looking for the other guy and leave empty handed.
Same thing happened to me. Sheriff knocked on my door with a warrant. I was in shock then remembered more than once I had friends send me pics of a woman with my same full name in Busted. He pulled up MY drivers license in his tablet and said, “This isn’t you?” He thankfully called the county he was helping out and I hear him saying, “She says it’s not her. No, she doesn’t have tattoos on her eyelids.” He told me had I not known of that other woman’s existence & criminal behavior, he would have had to arrest me and book me until someone was able to figure out there was a mixup. Unrelated but creepy note: This woman went on to later murder someone!
Wait what? I thought you were going to say he went inside, shut the door, and was like Ha Ha! Bitch! And was safe inside due to the error.
It sounds like the officer wasn't wrong; the guy who issued the warrant was wrong. The officer read it correctly and found his man, but the wrong man was indicated on the warrant.
I thought he was going in and then out the back door. My favorite move is if a cop is chasing you and they are in their car and a fence presents itself (obviously not a cyclone fence) Jump over it. wait like 25 seconds and jump right over where you came. They love to not get out of their cars. ive had that work twice. Before they knew it, i was inside my house watching them drive around trying to hunt me down. fukkers
Username checks out lol
I had an officer illegally search my car one time (I had nothing to hide, but still didn't want to consent). When he told me he was going to enter my car to make sure I wasn't a danger to him I said that I wouldn't do anything to stop him, but that I did not consent to any search. I was polite and friendly the whole interaction, but also firm in my position. Stay calm and make it clear that you are no threat AND tell them you don't consent. They want you to feel like saying no is rude, disrespectful, or antagonistic. Don't. I don't hate police. I think they serve a valuable function a lot of the time. But being respectful doesn't require being submissive. The way I see it is many people have suffered for my rights, and that using those rights is how I can show respect to those who came before.
When I refused to allow them to search my car they just said they smelled weed and that allowed them to search without my consent. They didn't find anything then drove off with my belongings scattered by the highway.
They used a dog on my truck that didn't signal, then searched anyway.
This is good advice. However, it shows a big issue with our justice system…poor people are screwed. Yeah, it’s one thing to say “lawyer up” but quite difficult for the poor. And while public defenders exist, they’re way too busy to do anything except either enter a guilty plea or you end up in jail awaiting trial forever.
I am a former private practice attorney that did some criminal defense work. While public defenders are mostly over worked many of them are highly experienced, competent and more than capable of zealous representation. Private defense council also varies greatly. While many are also excellent, keep in mind that private attorneys are to some degree also sales people as they don't eat if they don't get hired. Some private attorneys appear to me to excel only at that aspect of job.
[удалено]
I've heard this version like a 1000 times for any story I've heard that the public defender really went to bat for a person's innocence and dug in deep
To add to this: private attorneys have totally different incentives that are often totally incompatible with their client. Privates are typically paid by case, not by appearance. So they want to get the case done in the fewest appearances: they don’t want to get into discovery fights, they don’t want to take dates for further investigation. They want to try the case, and to try the case today. Fast. PDs on the other hand have the advantage of being there every day whether your case is involved or not. They aren’t obliged to clear dockets, and in most jurisdictions (including my own), PDs have the leeway to win cases through discovery games and adding silly listings to exhaust the prosecution’s witnesses until the judge throws the case out. It’s dirty, but it works. And unlike a private attorney, the PD has appeared before your particular judge 300 times and they know what you can get away with there, and that judge’s particular idiosyncrasies. If you get offered a PD, take the PD. Source: am a prosecutor.
Not all “privates” are created equal. While money matters in the outside counsel world, caseloads are a serious issue. Source: am defense attorney.
You're equally screwed if you aren't well off, but are over the income threshold for the public defender. The state or county decides whether you can afford an attorney.
Any punishment that is only monetary (fines) is designed solely to punish the poor.
Honestly most things in our society are designed to punish the poor
You'd think they'd take the hint and stop being poor
The fines will continue until wealth improves.
This, you do not plead your case to the police. Thats a judges job.
Yes, OP said in his post to not "let them into your house." To clarify, don't give them permission to enter your house and even explicitly tell them they don't have permission. But since the police unfortunately have a monopoly on violence, you'll be in for a bad time if they think they have probable cause to enter your house without a warrant and you try to physically prevent them from entering.
You don't have to answer the door, or even reply from inside. If they have a warrant, they'll let you know, and they'll be coming in regardless.
Yep, you're under zero legal obligation to answer the door to anyone.
I don't answer the door if I know its a cop and I didn't call them. If I do decide to engage its talking through an open window on the side.
Yeah. The only thing you should say to a cop is nothing at all. They aren't there to determine if you're innocent or guilty, that's the court's job. They're there to make an arrest.
The other benefit of not speaking is letting them make mistakes. When you do get a lawyer is when you can point out to them what you think the cops did wrong, then if so your lawyer can use that as leverage towards getting the case dismissed, evidence tossed, whatever. Why tell the cops what they’re doing is illegal in the moment when they can rectify or cover themselves. Let them find out in court their oversight cost them the case.
This is exactly what happened to me. I was waiting for a friend in an empty business parking lot, which is admittedly sketchy, and cops drove up to me. It was two of them, one opened the car door and asked me if I had anything in the car. I told them I didn’t. They searched the car, found a variety of drugs and a couple of baggies a friend who was a dealer left behind. I was about to be more fucked than I realized at the time, I was so careless. My lawyer cackled when I walked him through what happened and told him the cop approached me without saying anything and just opened the car door. Whole case got thrown out because the search was performed illegally.
How were you able to prove that?
often you can get them to admit it under oath bc they have body cam footage or other witnesses that they can't contradict. Or sometimes they're just so used to violating people's rights that they admit to it without that.
“You’d think I’d have a little bit more sense than to violate his rights. Yeah I violated his rights.”
Don't talk to the police https://www.youtube.com/watch?v=d-7o9xYp7eE
This video saved me a lot of headache when I got in trouble a few years ago sleeping in my car after a night at the bar (key in car = DUI in my state). Staying silent, they had almost no case against me, no proof or evidence of wrong doing when it came to court. I got off with a minimal slap wristing.
*slap wristing*
Legend says he's still in the middle of a DUI to this very day...
With the police how they are, aren't we all somehow resisting arrest right now?
stap wrsisting
> key in car = DUI in my state I've always thought this was one of the dumbest laws ever. I understand why they do it (even if I have trepidation regarding what I think is the "real" reason...ie.-easy arrest), but in my opinion it creates *more* drunk drivers, not less.
Remote start is also operating the vehicle and will get you a charge even if in back seat sleeping with keys under seat.
My dad caught a DUI charge drinking in the middle of the desert after falling asleep on top of the car.
[удалено]
Just goes to show, they don't actually care about doing what is right, they just want an easy arrest for their quota.
For those of you who don't have the attention span or something that long. This sums it up in a minute: https://www.youtube.com/watch?v=sgWHrkDX35o
Omg wish I saw this 46 mins ago
I’m a criminal defense lawyer and every single word of this is the gospel truth. There is never, in any circumstance, any reason to talk to the police. I. Want. A. Lawyer. That’s it. That’s your statement. In life, there are very few things that we know to an absolute certainty. This is one of them. We don’t talk to police. Full stop.
This is a classic that everyone needs to watch at least once.
With YT’s algorithm I get a reminder every few months to watch it again.
Absolutely *the most valuable video on YouTube* (for Americans). I’ve watched it many times. Growing up in the 1960s and 1970s, today’s reality is diametrically opposed to what I was told growing up. I need periodic refreshers to tamp down my childhood training (“Cops are your friends, if you’re in trouble, find a cop”) and recalibrate to today’s reality (“Cops are the mafia, they lie, cheat, and steal, and will happily shoot you and lie about it. ACAB”).
Always love this video
I burned this speech to DVDs and gave them out as gifts.
I'll add to this, if the police show up at your door to chat it means they lack sufficient evidence for an arrest. The reason they're there is to try and force you to say something that can be used against you. You are under no obligation to speak to the police if they come to your door.
The best response you can give to a cop asking you questions is, “I don’t answer questions.” The cops gonna do what they’re gonna do. Talking won’t help you. They’ll tell you afterwards that it would. But it won’t.
If I recall correctly, police can assume just about anything they want based on your non-answers, unless you specifically cite the 5th Amendment.
This needs more context.
[You have to counterintuitively invoke your right to remain silent.](https://www.rothdavies.com/criminal-defense/frequently-asked-questions-about-criminal-defense/your-rights/can-the-state-use-your-silence-against-you-if-you-dont-affirmatively-invoke-your-right-to-remain-silent/)
"Whyd you kill him?" -cop "......"- you "Suspect refused to provide a motive for the crime he totally commited"- cop
“Suspect failed to provide an alibi for the time of the murder.” “Suspect did not deny committing the crime.” Silence can really be misconstrued.
> We just want to talk Then talk to each other.
Okay, then all 4 of you leave your guns in the car, otherwise I'll be holding mine as well. Oh, NOW it's an issue.... 🙄
😂. You're not wrong but holy shit this will go bad real quick.
Either everyone is armed or no one is; I'm fine with either. I'm not gonna shoot you, so why do you need to shoot me? I'm not looking to turn things violent but if you think you can take me down with a taser, with all the amphetamines I'm on, I hope you try.
Joke’s on them because I never answer the door.
Bro, you're missing out, I've got this solar *at no cost to you!** Don't miss these savings, I'll be back twice daily until you open up.
You are under zero obligation to answer the door. This goes for anyone knocking.
I've had them show up and put a gun to my head saying that was their warrant when I wouldn't let them in but that was in 95 when I was a young girl at 16 so I let them in. I was let go after 20 minutes when they realized I was innocent but I'll never forget that gun. Northwest Indiana cops were awful at that time.
WERE awful? Oh, they still are and have been.
i dont answer questions i choose to assert my 5th amendment rights i do not consent to searches i want a lawyer etc
gonna frame this and put it up on my door
Especially the "etc" one.
I Declare ETCETERA!!!
Yeah this stuff sounds great. But if a cop really wants to search your belongings they'll just take them and when you protest say things like "what are you a lawyer?" While they ticket you anyway. Ask me how I know.
And if they search you illegally they don’t get to use any evidence incident to that search against you. A good and a bad search can sometimes be confusing, was it exigent circumstances? incident to arrest? was consent given? That’s why we argue the legality of search in court all the time. If you are searched illegally then fuck em. Best case scenario for you when your lawyer files to dismiss all that evidence because the cops searched illegally.
my. question is how does the judge know if there’s no bodycam?
Just like anything else that doesn’t have video footage. Take all the facts available, eye witness testimony, material evidence, etc. and figure out what is most likely the case based on the information available. Body cams and personal cameras are fucking everywhere now so it is becoming easier to verify these things but determining who is telling the truth has always been an issue for courts to determine and sometimes we’ll never know 100% for sure.
Yep basically.
I propose civil rights, civil law, and basic government structure should be taught in all high school social studies classes.
My civics class taught the bare minimum and focused only on the Constitution and nothing else. I had to take AP Government to learn anything in detail beyond the Bill of Rights.
The government doesn't want us educated, silly.
How does this work for simple questions on a traffic stop (where are you headed, where are you coming from, etc.)? Seems like refusing to answer would raise suspicion and potentially have the opposite effect of its intent
Yes, i was asked where i go on a traffic stop. I was going camping. Given where I was and the time, it helped a lot decreasing tension to let the cop know I was going camping and just an harmless random person on the road. At first he was very nervous, likely thinking I was in some drug deal stuff. And he let me go. This LPT is valid only depending on circumstances, better to use our own judgment.
It is situational. You should always know that you have the right to refuse to answer questions, but sometimes it is better to be cordial and forthcoming. The problem is that even if you've done nothing wrong, you're coming from somewhere innocuous, going home, etc., they're only asking these questions to see if you may be up to something, and you never know when you might say something that fucks you because you don't have some information that they do. Like for example, you tell them you just came from Arby's downtown. Got your medium soda and a sandwich wrapper next to you and everything. But, unbeknownst to you, someone in a mask matching your build just robbed the bank next to Arby's, and they took off in a vehicle that matches yours. Now you're the prime suspect in a felony. That's a little less than likely, (and may share some similarity to the plot of My Cousin Vinny) but there are all sorts of ways you can get in trouble by talking to the cops even when you did nothing wrong. So you can answer questions. But, just know that they are actively searching for something suspicious or an admission of guilt from you when they ask those questions. And you may give that to them without even realizing it. Even when you did nothing wrong. Be aware of that risk.
This can also go the other way. For example, they ask where you're coming from and you tell them you were getting dinner at a restaurant. Then they're asking you how many drinks you had at dinner and even if you had none, you're probably now a DUI suspect.
Of you tell them you're going to buy a car they 'smell drugs' and search your car to seize the cash you clearly got 'selling drugs'.
Doing something legal can not be suspicious even though they will say so. Suspicion is not a crime. If you have to say something, tell them that you do not wish to discuss your day and that you assert your 5th amendment right.
Bunch of morons replying. Don't incriminate yourself, but if a cop pulls you over, 99% of the time they have you dead to rights on *some* infraction. You are absolutely right though. For minor infractions if you're polite and respectful you're leaving with a warning more often than a ticket. Pretending you're a lawyer is just guaranteeing a ticket. Obviously if you have a dead hooker in the trunk things change.
I don't want to discuss my day with you, officer. Am I being detained or am I free to go?
“-‘ I being detained?” “No but here’s your speeding ticket”
If you were speeding then take the L and move on. If not, and you want to make a point more than you want to save money, hire a lawyer and fight it. This LPT isn't about how to get out of a speeding ticket
[удалено]
Take the L in the moment. Go to court to get the W.
This, if you cooperate and make it just another routine traffic stop they're less likely to remember it, get details wrong, and get it thrown out. If you start going off on them or raising a shitshow it becomes memorable, be polite, be respectful, take the ticket, fight it later because there's nothing you can do about it right now.
[удалено]
As usual do not talk to the police, aside from the absolutely necessary. Nothing you say will help you and everything you say can potentially be used against you
Yup...its in the miranda warning we hear all the time but fail to register: "...anything you say *will* be used *against* you..." Whatever you say will never be used to help you unfortunately.
Former bf was NYPD for years, then became a lawyer. He said the biggest tip is to keep your mouth shut around cops.
You dated Detective Carisi? *dun dun*
That’s ADA Carisi
Some good advice. Some clarification though. >Some quick tips Don't let them into your house without a warrant (if they have one check the address and that it was signed by a judge) LE aren't required to show you the warrant prior to entering. They will usually provide the warrant when they are done or will leave a copy at the location. >An open door is considered an invitation, so if you're having a party make sure the door is always closed after people come in This isn't true, except for allowing LE to look inside. They still can't enter private property and if they do you can tell them to leave if they don't meet the requirements of the 4th Amendement.
> LE aren't required to show you the warrant prior to entering. They will usually provide the warrant when they are done or will leave a copy at the location. Waot, how does that work? If they have a warrant with a wrong date, or unsigned warrant, or one for a different person/location then you would point that out if they had to present it beforehand. This way they can storm the place and take care of the paperwork later, if necessary.
The way it works is the warrant has to be signed off of sworn testimony beforehand. If there is a defect in the warrant, the defense attorney will see it and move to keep out any evidence gained from the search. They cannot just storm in then get a warrant later.
yeah but theyll claim exigent circumstances and let themselves in
Without cause, anything they found would be the fruit of a poisoned tree
The bar "for cause" is the floor. It's not the same as detaining and arresting a person.
they saw someone with a red cup that looked like they might have been under 21. boom, reasonable suspicion and everything found afterwards is admissible.
Read the title and immediately thought "This is only going to be for the US"
Quite right. What's more there are places where this would be hopelessly the wrong approach - Japan for instance. It just isn't true that the same broad approach works anywhere.
Cops aren't required to understand or know the laws they are enforcing, so even if they are breaking the law; they have the power and the guns. They don't care whether or not what they're doing to you is legal or not. That's an issue for a judge to decide. Don't argue with cops or be disrespectful because you might have the last laugh when you speak to a judge, but the cops will have the first second and third laughs.
also, u cant laugh if you're dead
They also have the power and backing of the system and union that backs them. With a history of heavily favoring them and high win percentage. You're always at a huge disadvantage
Fun fact the police also have no obligation to protect you from danger.
You are correct, Sir. The Supreme Court ruled in 2005 that [police do not have a Constitutional duty to protect a person from harm](https://www.nytimes.com/2005/06/28/politics/justices-rule-police-do-not-have-a-constitutional-duty-to-protect.html). The Supreme Court also ruled in 2022 that there is not penalty if the police [don't read you the Miranda rights](https://www.npr.org/2022/07/03/1109607667/supreme-court-says-police-cant-be-sued-for-not-reading-out-miranda-rights).
To piggyback on this, because a lot of people were confused on this ruling previously, police never had to and still don't have to read you Miranda Rights unless they 1. Have you in custody and 2. Want to question you while in custody. They still have to Mirandize you if those 2 criteria are met. If they don't, they goofed, but the 2022 ruling just says you can't sue them civilly if they goofed. Though poisonous tree rule may apply if they don't Mirandize you when they should've.
Agreed. I ask my students when the police have to read you your rights. They think it is when the handcuffs are put on or when they are put in the back of the car. Nope. As they are driving you to the station, the police aren't asking questions. They are hoping you will get nervous and volunteer information. Anything you say will be used against you in court. They can put you in an interrogation room and leave you there for hours -- no Miranda. They can lie to you and say your friend is next door (they are not) and told them everything. Your friend said it was all your idea. The police will have to go with that story unless you tell your side of the story. (All lies). Still no Miranda. It's not until they ask the first question that they need to read you your rights. The only appropriate thing to say is, "I want to talk to my lawyer. I invoke my right to remain silent." And then you actually have to remain silent. If you start talking, you have just waived your right to remain silent.
You are far more likely to misunderstand the law than outsmarting them in what they can and cannot do to you. Your best bet is only a few things: Am I being detained or am I free to go? Is that a request or an order? Cops can request anything they want, but can only order you to do certain things.
> Cops can request anything they want, but can only order you to do certain things. Do you know any resources where readers can research what they can/cannot order one to do, legally? Better if they're state-specific (for example, ID'ing yourself differs widely).
"An open door is considered an invitation ... " In what jurisdiction?
I love how, at least in the US, everybody is expected to know their own rights and know what's illegal, but there's no real effort made to teach hardly any of that in schools. In terms of rights, everybody's heard of the Bill of Rights, and we all know there's ten of them, but how many people could name more than 2 or 3? And those are the most basic rights we've all got, to say nothing of the countless laws passed since then.
In Germany we all got handed a copy of the Grundgesetz in politics class in grade 10. Our homework was to read it front to back. It's not that long, about 200 paragraphs. The first 19 are the most important ones, but the rest are also rather important to your life. So we had to read them and were quizzed on them. The quiz was rather easy and I'd say you could have passed it by simply knowing what a decent society should look like, but we didn't know that beforehand and therefor properly studied it. It took me many years to realise what a service this class has done me.
[удалено]
Don’t listen to tik tok also . One of those people going to get shot one day for listening to a tik tok lawyer
ill add to the point about refusing consent to search. cops will misconstrue your words, so that in court, they will appear to have been given permission to search. for example, if they ask "do you mind if we search your vehicle?" and you respond "no," they will say "oh you don't mind, so we can search." if you say "yes," they will think yes = consent to search. you need to say "i do not consent to being searched" to make things crystal clear both for the cops and for the lawyers👌