The 5th Amendment/ "Don't Talk to the Police"

[blues]

Why? I'm under the impression that you're simply limited to using it on persons actually projecting/threatening violence instead of active or passive resistance without violence.

Seems like a good tool regardless, and you're just limiting yourself by leaving it home. Are there other particulars that I'm missing?

Well, I don't know all the reasons why but here's one...



Every time you tase someone, you create another lawyer.

Meyer graduated in August 2008, but instead of pursuing a career in journalism, the telecommunications major enrolled in Florida International University’s law school.

“I got a taste of the system,” says Meyer, who is in his second year. The experience made him “want to know how to defend myself. Want to be able to help people.”

Meyer trademarked the phrase “Don’t tase me, bro’’ in September 2007 and says he has sold quite a few T-shirts on his Web site. Meyer says he finished a book about the incident in April and hopes to find a publisher for it.

“I don’t really think about what happened,” Meyer says. “I think often about what I can do with what happened.”

[KeeFus]

Why? I'm under the impression that you're simply limited to using it on persons actually projecting/threatening violence instead of active or passive resistance without violence.

Seems like a good tool regardless, and you're just limiting yourself by leaving it home. Are there other particulars that I'm missing?

There is no denying that its an effective tool but if im going to have to fight before i use it I would rather use pepper spray, hands, or an impact weapon or a baton. They worked very well for me the first 23 years of my career. Ive only carried a taser for about 1 year (was one of the last to get one because I just didnt want it) and haven't used it, therefore Id rather leave it at home and not worry about the ruling. As I mentioned, its optional in policy and I rather like pepper spray and batons, etc. As you mention its a tool...and one im leaving out of my toolbox.

[BehindBlueI's]

Don't be scared to tell a LEO (no matter if you wear a badge or not) to pound sand...especially if you're in an interview room. Get a lawyer and STFU. PERIOD.

As far as LEOs...if youre getting Miranda you really need to STFU, especially in todays climate. When IA comes rolling in don't say anything until they read you Garrity. Even then you probably still need a lawyer. Just dont lie. If you get caught in a lie you are truly screwed and Giglio and subsequent related cases will apply. Your career will be over if it ain't already.

I've been read Miranda and Garrity more often than I'd like. I've talked after Miranda without a lawyer exactly one time. I was accused of a rather vicious assault that supposedly took place in the back of my squad car during an arrest stemming from a vehicle crash. By addressing it immediately I could show evidence and identify witnesses on by own behalf that may not have "kept" if I'd STFU. I immediately walked the investigator to my car, showed that the back seat was piled up with a child seat and some winter gear to the point two adults could not physically fit. This was photographed. I demanded photos of my hands (showing no injuries) and a DNA swab of my hands and nails. I was able to get the tow truck driver identified and he was able to remember I was never alone with the complainant and neither of us were ever in the back seat of my patrol car. I was able to identify the other driver who gave a statement that corroborated the tow truck driver's account. By doing so I conclusively proved my innocence within an hour and immediately went back to finish my shift. Had I STFU period I would have had to park my car, probably been suspended until it was resolved, etc.

On a side note, I was hot to get the person who made those allegations arrested for false reporting until I found out they were diagnosed with a mental disorder causing delusions and hallucinations. They legitimately believed the story they told, most likely.

So, while generally I agree STFU, this is why I say there's no "always" and there's no "never". Know your own location, climate, department, unique circumstances, etc.

[jetfire]

My old man used to say that "no one ever talked their way out of handcuffs, but quite a few people have talked their way into them."

That's been true in my career as well; so generally speaking your best bet is to definitely keep your mouth shut.

[Nephrology]

On a side note, I was hot to get the person who made those allegations arrested for false reporting until I found out they were diagnosed with a mental disorder causing delusions and hallucinations. They legitimately believed the story they told, most likely.

Some crazy people are really really crazy...

[Stephanie B]

To me interaction is all contextual, but you can avoid problems by following a few simple rules:
1-Obey the law
2-Shut the fuck up
3-Don't ride with a mad woman
4-Turn that shit off

Missing a few:

Use common sense.
Stop immediately.
Be polite.
Get a white friend.

(For the very few who haven't seen where this comes from: https://www.youtube.com/watch?v=uj0mtxXEGE8 )

[lwt16]

Goodness, how I wish people would keep their mouths shut.

Dealt with a guy yesterday that is facing serious charges and he has never been what we would classify as a "bad guy". Just an ordinary guy that made a huge mistake of the mind some weeks past and got charged for it. The cops on that scene begged and pleaded with the guy to shut up and wait for an attorney but did he listen? Oh no, he had this overwhelming urge to run his mouth knowing full good and well that everything was being recorded.

At the time, I was giving him the benefit of the doubt that he was amped up from the incident and was letting emotions run his ship. That was until I dealt with the same guy yesterday.

Even after being told by cops, investigators and his own criminal defense attorney to not talk about his case TO ANYONE.......he tells me that he talked to someone that was related to the other party in the incident. Talked to them for a lengthy time.....answered all sorts of questions for her.

So I asked him if his attorney cleared him to do that. Of course, the answer was no, he told me to not talk to anyone without him present.

He won't listen to anyone...even the guy that may save him from a lengthy prison sentence.

So yeah, cop citizen, whatever you are......hush and enjoy the rights afforded to you by the Constitution. Be nice when you do so and I got no problem with it.

[RoyGBiv]

Stop immediately.

Tangent

What's the consensus on "stop immediately" vs "stop someplace safe"? And my definition of "someplace safe" includes both "out of traffic if possible" and consideration for women (or men) stopping on a dark side street vs. slowly (in a clearly not-intending-to-evade manner) rolling to a well lit public location.

What advice do you give to your teenage daughter re:traffic stops by an unmarked (other than grill/dash/cherry lights) car? Because.

Maybe a new thread?

[NickA]

Not really taking a position other than what's been stated already - don't be a jerk to the cops, and if it's potentially serious, STFU.
Mainly posted only so I could drag out one of my favorite lines from Homicide: Life on the Street 😁, as Detective Pembleton goes into an interrogation:
"What you will be privileged to witness will not be an interrogation, but an act of salesmanship- as silver tongued and thieving as ever moved used cars, Florida swamp land, or Bibles. But what I am selling is a long prison term, to a client who has no genuine use for the product."

[Paul Sharp]

....What advice do you give to your teenage daughter re:traffic stops by an unmarked (other than grill/dash/cherry lights) car? Because.

Maybe a new thread?

I have three daughters; 21, 19, and a 15 year old just starting to do her behind the wheel hours. Here is what I have always told them; if you're in a deserted area, drive to a well lit area. Preferably a precinct/station house/fire house. While doing so, call 911 and inform the comm op you're the subject of a vehicle stop but you aren't sure it's an officer, you are compliant, not trying to run/evade, and will stop as soon as you get to a better location. If it's an officer, they will be know why you're calling, and can pass that info to the officer via radio. If it's not an officer, they will know why you're calling, and can get legit units rolling your way.

So far, (knock on wood), this has worked for my two oldest daughters.