Comments on: Law prof and cop agree: never ever ever ever ever ever ever talk to the cops about a crime, even if you're innocent http://boingboing.net/2008/07/28/law-prof-and-cop-agr.html Brain candy for Happy Mutants Wed, 22 May 2013 13:05:00 +0000 hourly 1 http://wordpress.org/?v=3.4.1 By: arkizzle http://boingboing.net/2008/07/28/law-prof-and-cop-agr.html#comment-246272 arkizzle Wed, 30 Nov -0001 00:00:00 +0000 #comment-246272 Ok, looks like Antinous leaves BB for about an hour and a half on a Monday, at 4.30.. Like clockwork, people. We can do this thing. <i>Wait, this is that private BB-plotters channel, yeh?</i> Ok, looks like Antinous leaves BB for about an hour and a half on a Monday, at 4.30..

Like clockwork, people. We can do this thing.

Wait, this is that private BB-plotters channel, yeh?

]]> By: Ugly Canuck http://boingboing.net/2008/07/28/law-prof-and-cop-agr.html#comment-246530 Ugly Canuck Wed, 30 Nov -0001 00:00:00 +0000 #comment-246530 #120: No fee, but you do deserve one. Thanx for further clarifying Brit practice re: right to silence and its practical limits. #120:
No fee, but you do deserve one.
Thanx for further clarifying Brit practice re: right to silence and its practical limits.

]]> By: mbonness http://boingboing.net/2008/07/28/law-prof-and-cop-agr.html#comment-246276 mbonness Wed, 30 Nov -0001 00:00:00 +0000 #comment-246276 Cory, your commentary misses one very important point: the professor is not only advising you to not speak to the police <i>without your attorney</i>, but ALSO not to speak to the police whatsoever, with or without your attorney. The <b>Fifth Amendment</b> provides you with the right to do that -- i.e., to always decline to speak when you might say something that can be used against you. That is a separate, additional right to the <b>Sixth Amendment</b> right to the Assistance of Counsel. Cory, your commentary misses one very important point: the professor is not only advising you to not speak to the police without your attorney, but ALSO not to speak to the police whatsoever, with or without your attorney.

The Fifth Amendment provides you with the right to do that — i.e., to always decline to speak when you might say something that can be used against you. That is a separate, additional right to the Sixth Amendment right to the Assistance of Counsel.

]]> By: Ugly Canuck http://boingboing.net/2008/07/28/law-prof-and-cop-agr.html#comment-246535 Ugly Canuck Wed, 30 Nov -0001 00:00:00 +0000 #comment-246535 #86: See #120 above....they are more nuanced than I had thought, and that attempt to keep surprise alibis out of Court might not fly, as Brit Judges ...can be very difficult for anyone (even Parliament) to dictate to... #86: See #120 above….they are more nuanced than I had thought, and that attempt to keep surprise alibis out of Court might not fly, as Brit Judges …can be very difficult for anyone (even Parliament) to dictate to…

]]> By: Takuan http://boingboing.net/2008/07/28/law-prof-and-cop-agr.html#comment-246280 Takuan Wed, 30 Nov -0001 00:00:00 +0000 #comment-246280 http://abcnews.go.com/TheLaw/story?id=5390158&page=1%22%3Earrested%20for%20sex%20in%20the%20park http://abcnews.go.com/TheLaw/story?id=5390158&page=1%22%3Earrested%20for%20sex%20in%20the%20park

]]> By: blogJordan http://boingboing.net/2008/07/28/law-prof-and-cop-agr.html#comment-246537 blogJordan Wed, 30 Nov -0001 00:00:00 +0000 #comment-246537 Yup, I was falsely arrested after someone filed a bogus charge against me. The one thing I did that made life easy for my lawyer, and to later get expunged in record time, was to remain polite and cooperative without saying a word to the police other than my name, address, and other identity related data. Though totally innocent and had substantial physical evidence & witnesses in my favor, my lawyer later explained that even if I had told my side of the story, it would have likely been hammered into an accusation against me. Not being a lawyer, I can't give advice. However if I'm ever in such a pickle again, you can be sure I'll be polite and cooperative, but won't say a word other than name, address, etc ... Yup, I was falsely arrested after someone filed a bogus charge against me.

The one thing I did that made life easy for my lawyer, and to later get expunged in record time, was to remain polite and cooperative without saying a word to the police other than my name, address, and other identity related data.

Though totally innocent and had substantial physical evidence & witnesses in my favor, my lawyer later explained that even if I had told my side of the story, it would have likely been hammered into an accusation against me.

Not being a lawyer, I can’t give advice. However if I’m ever in such a pickle again, you can be sure I’ll be polite and cooperative, but won’t say a word other than name, address, etc …

]]> By: arkizzle http://boingboing.net/2008/07/28/law-prof-and-cop-agr.html#comment-252425 arkizzle Wed, 30 Nov -0001 00:00:00 +0000 #comment-252425 tak, just found it, ta for the head's up :) tak, just found it, ta for the head’s up :)

]]> By: arkizzle http://boingboing.net/2008/07/28/law-prof-and-cop-agr.html#comment-246283 arkizzle Wed, 30 Nov -0001 00:00:00 +0000 #comment-246283 Canuck, surely though, the point being: you don't get to talk to your lawyer first, before deciding whether or not to tell the rozzers anything at this point in time.. "Talk now, or forever hold your peace" sucks. I know they say on the advice website that you are entitled to a legal advisor, but if you refuse to talk at the scene of the arrest (or an initial enquiry) will that be too late? At what point in the police's information gathering routine are you required to discuss-all-the-pertinent-parts-of-your-life-which-you-may-later-rely-on-when-charged-with-an-arbitrary-offense before they are not submittable? I don't know, but I'd love someone to clarify.. :) Canuck,
surely though, the point being: you don’t get to talk to your lawyer first, before deciding whether or not to tell the rozzers anything at this point in time..

“Talk now, or forever hold your peace” sucks.

I know they say on the advice website that you are entitled to a legal advisor, but if you refuse to talk at the scene of the arrest (or an initial enquiry) will that be too late? At what point in the police’s information gathering routine are you required to discuss-all-the-pertinent-parts-of-your-life-which-you-may-later-rely-on-when-charged-with-an-arbitrary-offense before they are not submittable?

I don’t know, but I’d love someone to clarify.. :)

]]> By: Takuan http://boingboing.net/2008/07/28/law-prof-and-cop-agr.html#comment-246031 Takuan Wed, 30 Nov -0001 00:00:00 +0000 #comment-246031 this is why it is important to understand the police exist for the police. When you grasp this, you are halfway to being relatively safe. But only half way. this is why it is important to understand the police exist for the police. When you grasp this, you are halfway to being relatively safe. But only half way.

]]> By: minTphresh http://boingboing.net/2008/07/28/law-prof-and-cop-agr.html#comment-247312 minTphresh Wed, 30 Nov -0001 00:00:00 +0000 #comment-247312 sompin smell feeshy in looo-zyanna? i don' tink it da catfeesh, mon. sompin smell feeshy in looo-zyanna? i don’ tink it da catfeesh, mon.

]]> By: rageahol http://boingboing.net/2008/07/28/law-prof-and-cop-agr.html#comment-246033 rageahol Wed, 30 Nov -0001 00:00:00 +0000 #comment-246033 although i agree with the sentiment expressed (STFU and wait for your lawyer, period) - regent university? really? the same people who brought you monica goodling and roughly half of the DOJ clusterfuck? although i agree with the sentiment expressed (STFU and wait for your lawyer, period) – regent university? really? the same people who brought you monica goodling and roughly half of the DOJ clusterfuck?

]]> By: Xopher http://boingboing.net/2008/07/28/law-prof-and-cop-agr.html#comment-246289 Xopher Wed, 30 Nov -0001 00:00:00 +0000 #comment-246289 Takuan: It's just a jump to the left— Takuan: It’s just a jump to the left—

]]> By: Various Cool dot Com http://boingboing.net/2008/07/28/law-prof-and-cop-agr.html#comment-246545 Various Cool dot Com Wed, 30 Nov -0001 00:00:00 +0000 #comment-246545 In terms of importance, this is one of the best posts in a while. Thank you. In terms of importance, this is one of the best posts in a while.

Thank you.

]]> By: siliconsunset http://boingboing.net/2008/07/28/law-prof-and-cop-agr.html#comment-246801 siliconsunset Wed, 30 Nov -0001 00:00:00 +0000 #comment-246801 I've lived other places, but I was born and raised in Virginia Beach. I'm living there now. You never ever ever ever ever ever ever ever ever ever ever ever ever talk to the cops here unless you're dying, and then only to explain what you were doing to get you hurt in the first place. The police at the oceanfront, or "the strip" as it's called, are generally slow-moving and easy going sentinels that turn into Judges/Terminators whenever they see law being broken. It's hard to tell there what warrants police attention and what's forgiven as "tourist not-knowing" anymore. I’ve lived other places, but I was born and raised in Virginia Beach. I’m living there now. You never ever ever ever ever ever ever ever ever ever ever ever ever talk to the cops here unless you’re dying, and then only to explain what you were doing to get you hurt in the first place. The police at the oceanfront, or “the strip” as it’s called, are generally slow-moving and easy going sentinels that turn into Judges/Terminators whenever they see law being broken. It’s hard to tell there what warrants police attention and what’s forgiven as “tourist not-knowing” anymore.

]]> By: Fee http://boingboing.net/2008/07/28/law-prof-and-cop-agr.html#comment-248082 Fee Wed, 30 Nov -0001 00:00:00 +0000 #comment-248082 #147 no he did not. Contrary to what the US lawyer says, it can happen in the UK that if you give a reasonable explanation for something you *may* be better off than refusing to speak. They accepted that he had no intention of sending the photographs to a child and if fact he did not as it was an adult who received the pictures, and therefore he was let off with a caution not to be so stupid again. As far as I am aware, only people convicted of an offence will go on the register. Fee #147 no he did not.

Contrary to what the US lawyer says, it can happen in the UK that if you give a reasonable explanation for something you *may* be better off than refusing to speak.

They accepted that he had no intention of sending the photographs to a child and if fact he did not as it was an adult who received the pictures, and therefore he was let off with a caution not to be so stupid again.

As far as I am aware, only people convicted of an offence will go on the register.
Fee

]]> By: Tenn http://boingboing.net/2008/07/28/law-prof-and-cop-agr.html#comment-246292 Tenn Wed, 30 Nov -0001 00:00:00 +0000 #comment-246292 and a step to the righ-igh-igh-ight! PUT YOUR HANDS ON YOUR HIPS. and a step to the righ-igh-igh-ight!

PUT YOUR HANDS ON YOUR HIPS.

]]> By: mgfarrelly http://boingboing.net/2008/07/28/law-prof-and-cop-agr.html#comment-246043 mgfarrelly Wed, 30 Nov -0001 00:00:00 +0000 #comment-246043 I heard the exact same reasoning as the officer provides from my godfather, a lifelong Chicago cop. He put it simply, if you're picked up by the cops, be polite, ask for your phone call and to speak to a lawyer. Say NOTHING else and be simple, direct and polite in your requests. I had to put that to use once and it ended up working out very well for me. I heard the exact same reasoning as the officer provides from my godfather, a lifelong Chicago cop. He put it simply, if you’re picked up by the cops, be polite, ask for your phone call and to speak to a lawyer. Say NOTHING else and be simple, direct and polite in your requests.

I had to put that to use once and it ended up working out very well for me.

]]> By: mrfitz http://boingboing.net/2008/07/28/law-prof-and-cop-agr.html#comment-246555 mrfitz Wed, 30 Nov -0001 00:00:00 +0000 #comment-246555 I don't know. I have been "interviewed" a few times by the police and I found it sort of interesting to see the tactics they use to elicit information. These weren't for very serious things, mind you, but the whole idea of figuring out how the information could play out in court before the question is answered is a challenge. I don’t know. I have been “interviewed” a few times by the police and I found it sort of interesting to see the tactics they use to elicit information. These weren’t for very serious things, mind you, but the whole idea of figuring out how the information could play out in court before the question is answered is a challenge.

]]> By: Teresa Nielsen Hayden / Moderator http://boingboing.net/2008/07/28/law-prof-and-cop-agr.html#comment-246557 Teresa Nielsen Hayden / Moderator Wed, 30 Nov -0001 00:00:00 +0000 #comment-246557 Foetusnail @119, that's a hazardous point of view. If we ignore the law (which is what the judge's instructions are all about) and the evidence, we have nothing to sustain us but our prejudices. Foetusnail @119, that’s a hazardous point of view. If we ignore the law (which is what the judge’s instructions are all about) and the evidence, we have nothing to sustain us but our prejudices.

]]> By: minTphresh http://boingboing.net/2008/07/28/law-prof-and-cop-agr.html#comment-247329 minTphresh Wed, 30 Nov -0001 00:00:00 +0000 #comment-247329 here's one of many articles on the deltas: http://tampabay.bizjournals.com/tampabay/stories/2003/01/27/daily40.html here’s one of many articles on the deltas: http://tampabay.bizjournals.com/tampabay/stories/2003/01/27/daily40.html

]]> By: Cpt. Tim http://boingboing.net/2008/07/28/law-prof-and-cop-agr.html#comment-246050 Cpt. Tim Wed, 30 Nov -0001 00:00:00 +0000 #comment-246050 #1! only one post before the thread was fouled with a blanket anti-law enforcement comment. #1!

only one post before the thread was fouled with a blanket anti-law enforcement comment.

]]> By: Xopher http://boingboing.net/2008/07/28/law-prof-and-cop-agr.html#comment-247075 Xopher Wed, 30 Nov -0001 00:00:00 +0000 #comment-247075 That really drives you insa-a-a-a-a-ane! That really drives you insa-a-a-a-a-ane!

]]> By: Ugly Canuck http://boingboing.net/2008/07/28/law-prof-and-cop-agr.html#comment-246053 Ugly Canuck Wed, 30 Nov -0001 00:00:00 +0000 #comment-246053 I am not a Lawyer and the following is not legal advice it is intended to serve for discussion purposes only. Always talk to a lawyer before answering if police start to ask you questions....you have the Right, use it...simply say "I'm sorry but I cannot help you without first talking with a lawyer." Repeat as necessary and talk to a lawyer at the first opportunity. Ask her : "Do I have to answer these questions?" and then act as your Lawyer recommends (or not..you may do as you please, it is a free country). I am not a Lawyer and the following is not legal advice it is intended to serve for discussion purposes only.
Always talk to a lawyer before answering if police start to ask you questions….you have the Right, use it…simply say “I’m sorry but I cannot help you without first talking with a lawyer.” Repeat as necessary and talk to a lawyer at the first opportunity. Ask her : “Do I have to answer these questions?” and then act as your Lawyer recommends (or not..you may do as you please, it is a free country).

]]> By: arkizzle http://boingboing.net/2008/07/28/law-prof-and-cop-agr.html#comment-246309 arkizzle Wed, 30 Nov -0001 00:00:00 +0000 #comment-246309 http://www.youtube.com/watch?v=zdu7xoHU9DA http://www.youtube.com/watch?v=zdu7xoHU9DA

]]> By: editjunk http://boingboing.net/2008/07/28/law-prof-and-cop-agr.html#comment-246565 editjunk Wed, 30 Nov -0001 00:00:00 +0000 #comment-246565 That cop is such a....... cop. That cop is such a……. cop.

]]> By: Takuan http://boingboing.net/2008/07/28/law-prof-and-cop-agr.html#comment-246310 Takuan Wed, 30 Nov -0001 00:00:00 +0000 #comment-246310 that was predictable (thank the gods!), Tenn would be Little Nell, Xopher Riff Raff, who should I be? that was predictable (thank the gods!), Tenn would be Little Nell, Xopher Riff Raff, who should I be?

]]> By: Anonymous http://boingboing.net/2008/07/28/law-prof-and-cop-agr.html#comment-613672 Anonymous Wed, 30 Nov -0001 00:00:00 +0000 #comment-613672 i didn't watch these videos but a cop once told me, "never break two laws at the same time" think about it. i didn’t watch these videos but a cop once told me, “never break two laws at the same time” think about it.

]]> By: Takuan http://boingboing.net/2008/07/28/law-prof-and-cop-agr.html#comment-246056 Takuan Wed, 30 Nov -0001 00:00:00 +0000 #comment-246056 #4! only four posts before the thread was fouled by a willfully blind apologist for criminally irresponsible abuse of power! #4!
only four posts before the thread was fouled by a willfully blind apologist for criminally irresponsible abuse of power!

]]> By: Tenn http://boingboing.net/2008/07/28/law-prof-and-cop-agr.html#comment-246058 Tenn Wed, 30 Nov -0001 00:00:00 +0000 #comment-246058 Don't even look at the police without a lawyer present. Don’t even look at the police without a lawyer present.

]]> By: Takuan http://boingboing.net/2008/07/28/law-prof-and-cop-agr.html#comment-246061 Takuan Wed, 30 Nov -0001 00:00:00 +0000 #comment-246061 Tenn-chan! sashiburi! Tanoshi tanoshi! Tenn-chan! sashiburi! Tanoshi tanoshi!

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