Don't talk to the police

**alaskaguy** · 08-03-2008, 11:51 AM

In the linked video Prof. James Duane explains why even angels devoid of the slightest moral blemish should never speak to police officers, tax collectors or other law-enforcement agents investigating crimes. Duane assumes no malice on the part of the police -- just human failings and motivations.

Link:
[ame=http://video.google.com/videoplay?docid=-4097602514885833865]"Don't Talk to the Police" by Professor James Duane[/ame]

**Phaedrus** · 08-03-2008, 01:57 PM

There is another problem: Not talking to the police can be the difference between you giving the police your phone number as a witness and spending upwards of $100,000 in legal defense fees, because the police take your refusal to talk as a reason to pursue you as a suspect.

But of course a law professor wouldn't mind you spending everything you own in your legal defense, at all..... Using potential prosecution as a threat.

**rahtotheames** · 08-03-2008, 03:27 PM

Originally Posted by Phaedrus

There is another problem: Not talking to the police can be the difference between you giving the police your phone number as a witness and spending upwards of $100,000 in legal defense fees, because the police take your refusal to talk as a reason to pursue you as a suspect.

But of course a law professor wouldn't mind you spending everything you own in your legal defense, at all..... Using potential prosecution as a threat.

Call me naive, but under what circumstance has a suspect ended up having suspicion dropped from him, and then being used as a witness? If you watched the video, the officer admitted himself that in his 28 years of working, he's only let a dozen suspects go because he thought they were truly innocent.

His ultimate goal is to 'solve' the murder, right or wrong.

**Flag Guy** · 08-03-2008, 03:39 PM

certainly an interesting dilema...

**Aclone** · 08-03-2008, 03:54 PM

Fine. Take it from me, then. I talked to a police officer once, just trying to be helpful. Next thing I know I'm in court, watching in stunned amazement as the (expletive deleted) lies his *** off on the witness stand about things that only I could know that he was lying about...

**Me State** · 08-03-2008, 03:54 PM

Every lawyer will tell you to not talk to the Police. That is how they make more money.

Talking to the Police in most cases is in your best interest.

**rahtotheames** · 08-03-2008, 04:55 PM

Originally Posted by Me State

Every lawyer will tell you to not talk to the Police. That is how they make more money.

Talking to the Police in most cases is in your best interest.

You obviously did not watch the video. Fine, talk to the police. They can not help you.

Miranda states "Everything you say may be used against you in the court of law" , not "Everything you say may be used to help you in the court of law"

Also, refer to the 5th amendment. This part to be exact

nor shall be compelled in any criminal case to be a witness against himself,

**Aclone** · 08-03-2008, 05:02 PM

Originally Posted by rahtotheames

You obviously did not watch the video. Fine, talk to the police. They can not help you.

Miranda states "Everything you say may be used against you in the court of law" , not "Everything you say may be used to help you in the court of law"

Also, refer to the 5th amendment.

Isn't it, "...can and WILL be used against you..."?

That's really not a hint that it's optional...

**ISUCyclones** · 08-03-2008, 06:15 PM

Originally Posted by Aclone

Isn't it, "...can and WILL be used against you..."?

That's really not a hint that it's optional...

Are you trying to say the police don't have our best interests in mind? Blasphemy!

**Flag Guy** · 08-03-2008, 08:03 PM

Thats it, I'm moving to Spain where the police don't lie to you in attempts to get you to confess

Oh wait... in Spain they just start by beating you

Seriously though I've never been to court or arrested or anything but my limited experience with interacting with the police is that talking to them is a bad idea. Not to say the police are out to get you or anything... but they are there to enforce laws, and there are a lot of laws they can charge you with breaking

**Phaedrus** · 08-03-2008, 11:21 PM

Originally Posted by rahtotheames

Call me naive, but under what circumstance has a suspect ended up having suspicion dropped from him, and then being used as a witness? If you watched the video, the officer admitted himself that in his 28 years of working, he's only let a dozen suspects go because he thought they were truly innocent.

His ultimate goal is to 'solve' the murder, right or wrong.

Actually, refusing to talk to the police is a very, very good way to BECOME A SUSPECT. I didn't say that "suspects" should talk to the police. In fact, that lawyer conveniently did not address how one gets to be a suspect in the first place.

I was once detained for matching the description of a guy who shot and killed someone about an hour before. If I didn't talk to the police, at a very minimum, I get to spend the night in jail.

By talking to the police, and giving them information that made my doing it impossible, I just got to sit in the back of the patrol car for an hour. It helps, too, that I didn't get all ticked off about it and calmly related information.

**Phaedrus** · 08-03-2008, 11:23 PM

Originally Posted by Me State

Every lawyer will tell you to not talk to the Police. That is how they make more money.

Talking to the Police in most cases is in your best interest.

I would say that upwards of 99% of people who are aproached by the police are never made suspects, primarily because they answer the cops' questions, and eliminated themselves from the suspect pool.

Which the lawyer in the video conveniently left out.

**Erik4Cy** · 08-03-2008, 11:29 PM

No Snitchin'

**LindenCy** · 08-03-2008, 11:31 PM

I think in general it is better to talk to the cops.

**Me State** · 08-04-2008, 05:18 AM

Originally Posted by rahtotheames

You obviously did not watch the video. Fine, talk to the police. They can not help you.

Miranda states "Everything you say may be used against you in the court of law" , not "Everything you say may be used to help you in the court of law"

Also, refer to the 5th amendment. This part to be exact

I don't need to watch the video, I know from experience. In most minor cases honesty could be the difference between you leaving with a warning or getting a citation/being arrested.