RE: Law Professor and Cop Both Say: Never Talk To The Police!

RE: Law Professor and Cop Both Say: Never Talk To The Police! (Full Version)

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Hillwilliam -> RE: Law Professor and Cop Both Say: Never Talk To The Police! (5/1/2011 8:21:56 PM)
quote: ORIGINAL: Muttling quote: ORIGINAL: Hillwilliam Face it. There are enough subjective things on that 'field sobriety test' that if the officer is in a mood to make an arrest, you WILL fail. PERIOD If you pass the Blood Alcohol, then, the DA will start his hammering for a plea bargain. If you pass the blood test, the DA will drop the case. If he doesn't, hire a defense attorney and watch him eat the DA for lunch. Most cases that are 1st time DUI and the driver was cooperative with officers will get plea bargained down to wreckless driving even with a blood test that says drunk. Assuming the DUI driver actually hired an attorney to represent him. Not here in the bible belt. The DA asks for and gets extensions. I had an attorney but untill someone has to testify, all he can do is file.. I finally got sick of missing work and said "Your honor, Mr DA, I will plead guilty to doing 48 MPH in a 45 MPH zone and that is IT. If you want to go to the grand jury, someone is gonna look stupid." In the bible belt, a first time, there is no plea bargain if they have the numbers on you. You WILL do 2 days in jail and you WILL lose the license for a year.

Termyn8or -> RE: Law Professor and Cop Both Say: Never Talk To The Police! (5/2/2011 12:28:39 AM)
To the OP, this is about ten years old. If not it has been redone. And that's my advice, keep your goddamn mouth shut. If you REALLY know what you're doing you might do yourself a teentsy weentsy bit of good, by apearing friendly and cooperateive, but other than that it is just more nails in your coffin. Hmmm, was I about twelve ? maybe thriteen when I learned that ? Not sure. T^T

Muttling -> RE: Law Professor and Cop Both Say: Never Talk To The Police! (5/2/2011 4:36:21 AM)
quote: ORIGINAL: Hillwilliam quote: ORIGINAL: Muttling quote: ORIGINAL: Hillwilliam Face it. There are enough subjective things on that 'field sobriety test' that if the officer is in a mood to make an arrest, you WILL fail. PERIOD If you pass the Blood Alcohol, then, the DA will start his hammering for a plea bargain. If you pass the blood test, the DA will drop the case. If he doesn't, hire a defense attorney and watch him eat the DA for lunch. Most cases that are 1st time DUI and the driver was cooperative with officers will get plea bargained down to wreckless driving even with a blood test that says drunk. Assuming the DUI driver actually hired an attorney to represent him. Not here in the bible belt. The DA asks for and gets extensions. I had an attorney but untill someone has to testify, all he can do is file.. I finally got sick of missing work and said "Your honor, Mr DA, I will plead guilty to doing 48 MPH in a 45 MPH zone and that is IT. If you want to go to the grand jury, someone is gonna look stupid." In the bible belt, a first time, there is no plea bargain if they have the numbers on you. You WILL do 2 days in jail and you WILL lose the license for a year. I live in the bible belt as well and it happens all the time in Tennessee. Sounds like an issue with your particular DA.

pahunkboy -> RE: Law Professor and Cop Both Say: Never Talk To The Police! (5/2/2011 7:39:49 AM)
It goes with out saying that Ken has a duty to call 911 and report his intoxication- because if he did not it would hinder the investigation, and thus be unlawful.

Termyn8or -> RE: Law Professor and Cop Both Say: Never Talk To The Police! (5/2/2011 7:55:20 AM)
Actually this talk of Miranda just about makes me laugh. It's all a bunch of bullshit. Anything you say anywhere at anytime can and will be used against you. Loose lips sink ships. T^T

flcouple2009 -> RE: Law Professor and Cop Both Say: Never Talk To The Police! (5/2/2011 8:43:27 AM)
In Florida you have the right One time with no criminal penalty. The DMV will suspend your DL for a year which you can appeal within 10 days. That's your one (sort of) get out of jail free card.

DomImus -> RE: Law Professor and Cop Both Say: Never Talk To The Police! (5/3/2011 5:25:50 PM)
One of my exes is an attorney. She always told me that if law enforcement asks for my identification and I have it in my possession then I should show it to them but beyond that say as little as possible. She said if I was pulled over for speeding to never admit to any particular speed - "I thought I was traveling at the speed limit, officer". She advised never - under any circumstances - admit that you have been drinking. Basically her advice was to keep my mouth shut and call her immediately. Good thread. The wide array of legal advice shows why you should never rely on internet forums for legal advice.

Termyn8or -> RE: Law Professor and Cop Both Say: Never Talk To The Police! (5/3/2011 8:39:25 PM)
Don, technically you are saying to not take internet advice not to take internet advice LOL. But it's true, don't volunteer anything, unless you did something and it is a courtesy card. Never admit to anything. You know nothing except you were going along minding your own business. But don't use those particular words. And don't call them "Sir" more than twice if you're over 35 :-) T^T

Outlier2 -> RE: Law Professor and Cop Both Say: Never Talk To The Police! (5/4/2011 4:19:53 PM)
I am glad that some of you liked the thread. What I find most telling is that no one made a single comment about any of the reasons given in the videos. Everybody was quick to give their opinion about the title, but no one explicitly addressed the content, except to say it was 10 years old. And I am not sure that was accurate because of some of the references in the videos. Thank you all for your comments. I will say that I learned more about how the system works and some of the reasons why! That information will make me much more likely to do the right thing should I ever be in a position to need this information.

Termyn8or -> RE: Law Professor and Cop Both Say: Never Talk To The Police! (5/4/2011 5:44:42 PM)
Sorry about the vids, can you get a transcript ? I don't know if I ever brought it up before here, but here is another little thing. In Cleveland, usually they stop you and for some reason they ask you the year of your car. Well they go back to their cruiser and of course run the plates and everything and then they come back. Then they ask again " What year is this car ? " in a different tone of voice. The fact is they are TRAINED. They are trained to watch your eyes, your ears, everything, period. Every word. Even if you don't remember saying something, it might be on tape. Why would anyone not know what year the car they are driving was made ? T^T

DomImus -> RE: Law Professor and Cop Both Say: Never Talk To The Police! (5/4/2011 6:01:01 PM)
The cop's information was quite good and well delivered. I don't know if his intent was to show how sneaky and devious cops can be during interrogation but he showed that side of them quite effectively. The police and prosecutors/district attorney's offices are much less about truth and justice as they are about convictions (courtroom convictions - not those associated with personal integrity). The lawyer probably had some good points but he spoke too fast and was too unbearable to listen to. Reminded me of that really annoying dude on the infomercials with the hideous $$$ suit that hawks his books about how to get free government money. I had to click past him after only a few minutes. I doubt that I would retain the guy as counsel. I didn't get anything from the videos that I had not already learned from my attorney ex-girlfriend and she was a really good fuck on top of it all. [:)]

Outlier2 -> RE: Law Professor and Cop Both Say: Never Talk To The Police! (5/4/2011 6:55:22 PM)
I will definitely agree that this guy is no where near as good as pillow talk from a bright woman. NO CONTEST! Two points he made really impressed me. One, was the fact that if you make a long statement that is 99% favorable and say "well it is true that I didn't like the guy" to seem to be reasonable. That sentence is all that they will put into testimony unless you are willing to take the stand and open yourself to cross examination. The rest is hearsay. It what you say is not hearsay if it hurts you, but it is if it helps you. You cannot help yourself and you will say something they will use to hurt you. The second was an example he gave of a real case where 2 attorneys went into the hall of a courthouse to discuss a case. The female said the male grabbed her in a way that was assault. The male attorney made the mistake of talking to the police. Fast forward to the trial, the attorney saying he never admitted anything, the officer saying the attorney admitted touching her but not grabbing her. The attorney was convicted! Because she had the police backing her up! Without the police testimony it was a "she said - he said" that probably never goes to trial. By talking to the police he opened the door to this possibility. So the only safe option is: Call an attorney, NEVER TALK TO THE POLICE!

Hippiekinkster -> RE: Law Professor and Cop Both Say: Never Talk To The Police! (5/4/2011 7:32:21 PM)
The ACLU has the best info about traffic stops and other LEO/citizen encounters.

Omniseed -> RE: Law Professor and Cop Both Say: Never Talk To The Police! (5/4/2011 10:21:27 PM)
Since when is it the cop's business what year the car is? Since when is it a crime to not know the year of the car you are driving? Oh and I can think of a majorly great reason, how about the fact that people often borrow cars or use a friend's to run to the store, or maybe you've heard of this thing called designated drivers? Not neccessarily driving their own cars. quote: ORIGINAL: Termyn8or Sorry about the vids, can you get a transcript ? I don't know if I ever brought it up before here, but here is another little thing. In Cleveland, usually they stop you and for some reason they ask you the year of your car. Well they go back to their cruiser and of course run the plates and everything and then they come back. Then they ask again " What year is this car ? " in a different tone of voice. The fact is they are TRAINED. They are trained to watch your eyes, your ears, everything, period. Every word. Even if you don't remember saying something, it might be on tape. Why would anyone not know what year the car they are driving was made ? T^T

Omniseed -> RE: Law Professor and Cop Both Say: Never Talk To The Police! (5/4/2011 10:26:01 PM)
Is this news to anyone? Do not ever say anything to an on duty police officer beyond legally mandated questions and answers, and oh by the way you need to know what you have to answer yourself, because they can and will lie through their teeth to you, especially if you are asking them if you have to answer something. It's nothing personal, it's just their job to fuck you over as hard and as unethically as they can. Illegal and unethical are not the same by the way.

Termyn8or -> RE: Law Professor and Cop Both Say: Never Talk To The Police! (5/5/2011 2:30:38 AM)
"Since when is it a crime to not know the year of the car" They are trying to detect unlawful operation, unlawful entrustment and unreported auto theft. Don't get into a tizzy about it, that's what they want. Like "Where did you get this bag of weed ? ". Times like that I play. They stop me, I point ahead and say right there. I was trying to take it back because it was really shitty. Psychologically they are trying to mount the higher position. Last about seven times I been stopped, no license, no insurance, beer between my legs. No jail. I don't want to fucking talk about it because everyone thinks I'm full of shit but I got the tickets to prove it. Even DUI, no bail despite having well over ten warrants. They have ALOT more discretion than people think and that's how some people get away with alot of shit. But I am full of shit. I got about twenty warrants ranging from 1995 to 2011. They stopped me after I jumped paper in 2011. No jail again. I got the tickets. You see, I know how they operate. I know how to make them NOT want to take me to jail. They learn the game of chess. I have a technique in chess. It only works so long. I can win anywhere from one to about eight games in about five moves. But I always win the first time with a new opponent. That's luck. Problem is eventually every cop around here will have stopped me and I will be fucked. So what. T^T

Rhodes85 -> RE: Law Professor and Cop Both Say: Never Talk To The Police! (5/7/2011 9:05:23 PM)
quote: Failure to cooperate with the police, even if you are innocent and uninvolved, is obstruction of justice and can get you jail time. Refusing to speak to the police without a lawyer present is not obstruction of justice. Usually its a smart move, considering how many cops are corrupt (and its alot more than you might think) quote: You were stopped by the police terefore you were technically under arrest. No. You are not under arrest until they tell you you are under arrest. quote: I'm only about 85% sure of this, but I believe that in Ontario refusal to take the breathalyzer results in an automatic conviction of DUI. No, that would be grossly illegal. If you refuse they have the right to transport you to a hospital to have blood drawn to determine if you've got alcohol in your system. quote: I live in the bible belt as well and it happens all the time in Tennessee. Sounds like an issue with your particular DA I'd have to agree there...if you pass a blood test and they've got proof you're clean the DA is asking for trouble by attempting to keep things going longer. The moral of the story is don't volunteer anything, don't say anything at all that doesn't directly pertain to the situation and the questions they are asking you and most importantly do NOT piss them off. A good way to tell if they have done something they shouldn't have is to ask for their badge number. Their reaction will tell you real quick if something is up.

wittynamehere -> RE: Law Professor and Cop Both Say: Never Talk To The Police! (5/7/2011 9:09:22 PM)
quote: ORIGINAL: Omniseed Is this news to anyone? Do not ever say anything to an on duty police officer beyond legally mandated questions and answers, and oh by the way you need to know what you have to answer yourself, because they can and will lie through their teeth to you, especially if you are asking them if you have to answer something. It's nothing personal, it's just their job to fuck you over as hard and as unethically as they can. Illegal and unethical are not the same by the way. Agreed, and agreed with Rhodes85. Arpig, you should really know what you're talking about before you act like you do online. Spreading disinfo aint cool.

TheHeretic -> RE: Law Professor and Cop Both Say: Never Talk To The Police! (5/7/2011 10:01:19 PM)
It's awfully hard to talk your way out of the back seat of a police car, without doing some talking. My experience is that it is best to keep your story simple, and as close to the truth as possible under the circumstances (the fewer lies you tell, the fewer you need to remember the second, third, and fourth time they ask the same question). These are highly variable, and volatile situations. A better rule is to not get asked questions in the first place.

Termyn8or -> RE: Law Professor and Cop Both Say: Never Talk To The Police! (5/8/2011 3:56:40 AM)
Actually silence worked quite well a couple of times for me. T^T

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