A Law Professor Explains Why You Should Never Talk to Police

[KamaAina]

http://www.vice.com/read/law-professor-police-interrogation-law-constitution-survival

James Duane doesn't think you should ever talk to the police. Not just, "Don't talk to the police if you're accused of a crime," or, "Don't talk to the police in an interrogation setting"—never talk to the cops, period. If you are found doing something suspicious by an officer (say, breaking into your own house because you locked yourself outside), you are legally obligated to tell the cop your name and what you're doing at that very moment.

Other than that, Duane says, you should fall back on four short words: "I want a lawyer."

In 2008, Duane, a professor at Virginia's Regent Law School, gave a lecture about the risks of talking to police that was filmed and posted to YouTube. It's since been viewed millions of times, enjoying a new viral boost after the Netflix documentary Making a Murderer spurred interest in false confessions. His argument, which he's since expanded into a new book called You Have the Right to Remain Innocent, is that even if you haven't committed a crime, it's dangerous to tell the police any information. You might make mistakes when explaining where you were at the time of a crime that the police interpret as lies; the officer talking to you could misremember what you say much later; you may be tricked into saying the wrong things by cops under no obligation to tell you the truth; and your statements to police could, in combination with faulty eyewitness accounts, shoddy "expert" testimony, and sheer bad luck, lead to you being convicted of a serious crime.

Duane's book details several outrageous incidents just like that around the country, clearly showing the many ways the system is stacked against suspects. These include a proliferation of poorly written laws that make nearly anything a potential crime, rules that allow prosecutors to cherry-pick only the most damning parts of police interrogations at trials, and a little-known 2013 Supreme Court ruling allowing prosecutors to tell juries that defendants had invoked the Fifth Amendment—in other words, telling an officer you are making use of your right to remain silent could wind up being used as evidence against you. For that reason, Duane thinks that you shouldn't even tell the police that you are refusing to talk. Your safest course, he says, is to ask in no uncertain terms for a lawyer, and keep on asking until the police stop talking to you.

Now if only Dunkin' Donuts would make this corporate policy for its staff. The problem would be solved by the weekend.

And, Regent Law School? Pat Robertson's Regent Law School?!

[pangaia]

1. If that is the Hell in Norway, near Trondheim, I've been there.

It DOES actually exist.. A very tiny place near the airport.

[longship]

4. Probably Hell, Michigan.

The only two places of business are the Dam Site Inn (great food!) and a convenient store.

It's just west of Ann Arbor.

[KamaAina]

10. That's the one.

[randome]

3. That's bullshit.

I've had cops give me a break many times. Granted, it was only for traffic tickets and such (and yes, I'm a white male), but my meager experience is that if you are straightforward and come across as authentic, you're not likely to have any problem.

I'm not doubting that this may be good advice for inner city encounters (and I'm privileged enough to not be there) but I don't see that this should be applied for all situations across all environments.

Situations are different. Cops are different.
[hr][font color="blue"][center]Stop looking for heroes. BE one.[/center][/font][hr]

[LAGC]

6. Traffic tickets are one thing, but if you are ever accused of an actual crime, best to STFU.

That's not to say you should ever refuse police orders or refuse to give them required information (your name, DOB, and if driving: proof of license, registration, insurance) but anything beyond that is unnecessary, and can often times lead to you inadvertently incriminating yourself.

As that lecture video at the link points out: nothing you say to the police can be used to help you out, for it is forbidden as "hearsay" evidence. But anything you say can definitely hurt you, even if you are completely innocent of whatever it is they suspect you of doing.

Seriously. Watch the video. Very informative.

[LeftInTX]

5. One time there was a cop helicopter circling my gym

I spent so much darn time in the parking lot watching that thing, that it finally swooped down and asked me if I had seen such and such suspect. LOL I hadn't, but now I knew why that darn thing was circling and circling...

[Cracklin Charlie]

7. Kick

[safeinOhio]

8. My ex, a cop

gave me a teeshirt that said "you have the right to remain silent, anything you say will be misquoted and used against you"

[closeupready]

9. I understand why some people are paranoid of every and any authority figure,

but like someone else posted, I have generally had positive experiences with them. So yeah, I will talk with them sometimes. They've managed to actually do some good for me when I was having serious problems with my neighbors and their loud parties and carryings on.