KS: Do not Lie to the Sheriff about Shooting Sex Offender

Gun Watch ^ | 9 January, 2015 | Dean Weingarten

[marktwain]

It is important not to lie to the Sheriff, or to other peace officers.  Remember, you have the right to keep silent.  It is far better to keep silent, or to say "I want to cooperate with the Sheriff, but my lawyer has told me not to make a statement until I talk to him.

In this incident, in Sedgwick County, Kansas, many people were skeptical about the story originally told by the home owner.   From kwch.com:

Moments later, the resident told authorities he heard gunshots. When he looked out his window, he said he saw the man lying on the ground and a dark-colored vehicle speeding away from the home.

Now we find that the homeowner lied.  He shot Cody Reid, a 27 year old registered sex offender who was convicted of aggravated assault in 2013.  Reid was 6'1", 290 pounds, with numerous tatoos.  Sheriff officials believe that Reid was breaking into the home.  From kwch.com:

Capt. Pollock said the sheriff's office still believes Reid was breaking into the home based on physical evidence. He said it is "very frustrating" when people give false information.

I suspect that forensic evidence lead to the homeowner admitting that he was the person who shot Reid, but it might well have been his female companion.  It is very hard for people to keep a lie plausible when questioned separately.

No arrests have been made.   The case will be turned over to the district attorney.    It is entirely possible that the homeowner will be found to have justifiably shot Reid in the chest.  Two shots were fired, one of which hit Reid.  But the homeowner might still be charged with obstructing a police investigation.   Many manhours were likely wasted on false leads.

It is an even worse idea to lie to a federal agent.  

It is a federal crime to lie to a federal agent, a felony, and has been since 1998.  That seems excessive, as the courts have ruled that government agents may legally lie to other people to further investigations.

Be that as it may, remember, do not lie to a peace officer.  It is much better to keep silent, and invoke your right to do so.

 Here is a link to the famous video explaining why it is a bad idea to talk to the police without counsel.

More and more people are using their first amendment rights to record any interaction that they have with police in public. 

©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

[marktwain]

Better to remain silent than to lie.

[WayneS]

It is a federal crime to lie to a federal agent, a felony, and has been since 1998. That seems excessive, as the courts have ruled that government agents may legally lie to other people to further investigations.

It not only SEEMS excessive - it IS excessive.

If they are allowed to lie to me, it should not be a felony for me to lie to them.

[Lazamataz]

What if it turns out your silence IS the lie?

[JimRed]

“Since you are allowed to lie to me to further your investigation, I have nothing to say to you. As with a Muslim, I will assume anything you say is a lie.”

[SkyDancer]

1) Never talk to a cop

2)Never lie to a cop

When in doubt, see number 1.

[WayneS]

Darn it. Why’d you have to go and get all philosophical about it. Now I’ve got a headache...

[WayneS]

That’s not bad. I may add it to my repertoire.

[sport]

Never call a cop, except to make a report for the insurance company. At this point in time, there is nothing, no matter how bad, that can’t be made worse by involving the police.

[SkyDancer]

Yep.

[reed13k]

In the few times I’ve had to make a claim - they’ve asked if there was a report, but did not require it. If they don’t require it by specifically denying the claim without it - I ain’t doing it.

[mikefromwichita]

Correct! NEVER talk to a cop without alawyer and witnesses present. BTW, kudos to the Citizen who removed a piece of trash from our Community

[yefragetuwrabrumuy]

“Better to remain silent than to lie.”

I quite agree, but there is a third option you sometimes want to convey. Being succinct. When you want or need to tell an LEO important information, it is vital that you use the military acronym KISS (Keep It Simple, Stupid), both in giving them the information, and responding to any questions they have.

This also applies to testifying in court, especially in cross examination. An interrogator trick is to ask the same question in different ways. (Properly the other attorney should object as “asked and answered”, but they might miss).

Typically it is polite if someone rephrases a question to you, that you rephrase your answer to them. But this is not the case in court. Though it might make you sound dim witted to yourself, you give them the same answer again.

“What was your state of mind when you shot the decedent?”

“I was in fear for my life.”

“Other than that, were you angry with him for breaking into your home and assaulting you?”

“I was in fear for my life.”

“Did you think that maybe you could have just wounded him, or did you want to kill him?”

“I was in fear for my life.”

Police can do variations of this trick against you as well.

If you want to give them information, they will likely ask you for more information, that perhaps you do not want to give. You shouldn’t feel compelled to give it.

However, you might incite them if you claim your Miranda rights. So don’t claim “Miranda”, instead claim the right itself. “At this point, I prefer to remain silent.”

[Pollster1]

If I remember correctly, Massad Ayoob recommends that you (1) state that you were attacked and in fear of your life, (2) point out any evidence that needs to be preserved to protect your rights, (3) offer to provide additional details as soon as your lawyer is present, and (4) shut up at that point until a lawyer with experience in self-defense is present.

[FreedomNotSafety]

Ok I will bite, how can silence be a lie?