Should You Talk to the Police After a Self-Defense Incident? (Part I)

[NH Shooter]

In a nutshell, you probably want to give a limited statement that establishes you were the victim, where evidence that might disappear or be overlooked is, and who witnesses are before they move on, and if any additional suspects are still out (say you shot one and another escaped and stole a car to flee the scene). Once you've established that, shut up.

This is exactly what the legal SMEs tell us to do. BTW, I highly recommend Branca's book.

[blues]

This is exactly what the legal SMEs tell us to do. BTW, I highly recommend Branca's book.

As do I. I convinced one of our friends on the forum to purchase a copy for his and his family's use.

[John Murphy]

I just finished Mas' Lethal Force Instructor class last week. Regarding the statement to police he opined that it best not present as "rehearsed" and rote. I can see the utility of that since you don't want to appear like you're going down a post-crime checklist.

I know some people have legal services and carry a card with a prepared statement on the back...just had the card to the officers and STFU. I am not confident that is the best solution either.

[TGS]

I know some people have legal services and carry a card with a prepared statement on the back...just had the card to the officers and STFU. I am not confident that is the best solution either.

The idea that you'll be free to just retrieve something from your pocket nonchalantly and address the officers on your terms while handing them a card.....after shooting someone and having a gun on you.....is also mildly amusing to me.

[Caballoflaco]

I didn't watch the video, but I am in completely agreement with @Mas 's take on it. Interestingly, we arrived at the same conclusion independently, although of course I'm sure he'd figured it out long before I was in a position to.

In a nutshell, you probably want to give a limited statement that establishes you were the victim, where evidence that might disappear or be overlooked is, and who witnesses are before they move on, and if any additional suspects are still out (say you shot one and another escaped and stole a car to flee the scene). Once you've established that, shut up.

During my not shooting incident last year I had 3 different cops ask me what happened on scene so they could make sure I was telling the same story. I cooperated then because the situation was a lot less serious than if I had had to shoot the guy.

Any suggestions on how to politely decline to give more than one statement after you’ve given the initial statement?

[blues]

During my not shooting incident last year I had 3 different cops ask me what happened on scene so they could make sure I was telling the same story. I cooperated then because the situation was a lot less serious than if I had had to shoot the guy.

Any suggestions on how to politely decline to give more than one statement after you’ve given the initial statement?

It's your right to stop the questioning at any time.

That said, if you've already given a statement, you would not be out of line telling another officer that you are still shaken from the incident and you want to compose yourself before making additional statements in case you accidentally leave out or add information you hadn't stated the first time through.

It is normal for humans to remember more after a period of time following a stressful incident.

If they want to force the issue, then I would opt to speak to counsel beforehand.

[LtDave]

You can let the officer know that you are shaken up by the incident and your head is not completely clear. That you fully intend to cooperate as best you can after you've had some time to compose yourself and speak with an attorney.

There is no stigma in so doing and it is your right to speak to an attorney before making further, or any statements, for that matter.

I don't know if I would tell someone my head is not completely clear. Seems a good attorney could make you eat those words...

[blues]

I don't know if I would tell someone my head is not completely clear. Seems a good attorney could make you eat those words...

I think you understood the gist of what was intended when I mentioned a bit "shaken" from my reply just a short while ago. I didn't mean for my reply to be used verbatim.

I'd have chosen my words more carefully if I were testifying, counselor.


ETA: I know that my head hasn't been "completely clear" in the aftermath of a particularly stressful event...the injury or death of someone close...the aftermath of an intense physical altercation...whether on the street or in the dojo. Tell me how clear you're supposed to be thinking right after getting rocked? Anyway, I hope the point is made. It wasn't meant to be copied on to a card and recited.

[NH Shooter]

I agree it should not be a rehearsed, robotic response as it would come across as less-than-sincere. But from what I understand what should be firmly planted in one's mind is the information they should provide: that you were attacked, you had to defend yourself and identify any witnesses or evidence.

Then STFU.

[TGS]

I think you understood the gist of what was intended when I mentioned a bit "shaken" from my reply just a short while ago. I didn't mean for my reply to be used verbatim.

I'd have chosen my words more carefully if I were testifying, counselor.


ETA: I know that my head hasn't been "completely clear" in the aftermath of a particularly stressful event...the injury or death of someone close...the aftermath of an intense physical altercation...whether on the street or in the dojo. Tell me how clear you're supposed to be thinking right after getting rocked? Anyway, I hope the point is made. It wasn't meant to be copied on to a card and recited.

To that end, our internal affairs unit won't actually let us give statements immediately following a UOF beyond the public safety based questions/UOF form.