Posted on 04/09/2009 9:11:11 AM PDT by flowerplough
Neighboring edge-of-Appalachia dairy farmer wrecks car on way home from bar. Gets a ride home, answers door when cops knock. When cops ask, admits that wrecked car is his, and that he'd been drinking at a bar. Cops haul him to closest clinic emergency room (15 miles) for blood alcohol test, subsequently charge Driving Under the Influence of alcohol.
Have heard from Christian radio shows interviewing purported Christian lawyers (oxymoron?) that anyone who ever answers any cops' question about anything is probably taking an un-necessary risk.
No guarantees that you grammar isn’t freaking atrocious either.
“I disagree. There are enough laws, rules, and regulations out there (with exceptions, and exceptions to exceptions) to be able to [rather easily] FIND something, somehow that you have done to be illegal.”
Ignorance of the law is no defense, and shouldn’t be. Besides, local cops don’t often come around asking about the legal minutiae of setback variances and tax returns.
He wasn’t read his rights before answering the officer’s questions. The cop needs a witness placing your friend behind the wheel. Next case...
Personal experience has taught me that they’ll misinterpret and outright lie to get what they want out of any statement you make, no matter how innoculous.
‘Innocent until proven Guilty’ is a fairy-tale.
“If you believe that you are delusional”
Really? Are you saying they’d convict me of a crime I didn’t commit because I accidentally confessed to it? There’s still due process and burden of proof.
Obtain a business card of a law firm you can afford. When asked ANY question from the police or LEO, hand him the card, inform the officer that the law firm represents you and if they would submit their questions in writing, your representative will be happy to respond.
“Personal experience has taught me that theyll misinterpret and outright lie to get what they want out of any statement you make, no matter how innoculous.”
Okay, but I’d still actually have to have committed a crime to be convicted, right? I’m not talking about accidentally confessing to something I did. I’m talking about actually not having done anything illegal. That’s what not committing a crime means.
You said — Only if youve committed a crime.
—
Not true, according to a law professor’s lecture and also a investigative cop at the same lecture (also lecturing the students).
Quick answer is — not guilty *or* guilty — *never* answer any questions, period!! (unless you’re extremely *stupid*...)
“Talking to the Police by Professor James Duane”
http://video.google.com/videoplay?docid=8167533318153586646&hl=en
[ about 40 or so minutes, including the professor and police investigator...]
See post #29
Police are like anyone else, but with a difficult job.
There is no magic rule for dealing with a police officer.
If you have done nothing wrong, your best defense is being friendly and comply with his or her wishes. My policy has always been to try and give them respect. It usually works out for the best of everyone concerned.
“Gonna test and arrest us all for driving under the influence of working too hard at unnatural hours and living too far from work?”
What’s your point? They don’t “test” for sleepiness (although they do pull-over cars for driving erratically, which could be due to sleep) because there is no test for sleepiness. On the contrary, there is a test for drunkenness. You can argue against testing people for drunkenness, but the sleepiness analogy is not appropriate.
You said — Okay, but Id still actually have to have committed a crime to be convicted, right? Im not talking about accidentally confessing to something I did. Im talking about actually not having done anything illegal. Thats what not committing a crime means.
—
No, that’s not true, according to what is shown by that professor and how he illustrates it. That’s why you’re told to *never* talk to the police under *any circumstances*....
You’ve exhibited a “common misperception” by the public on this issue...
Since law enforcement never lies and never hurts the innocent
this thread means nothing.
/s
You said — Obtain a business card of a law firm you can afford. When asked ANY question from the police or LEO, hand him the card, inform the officer that the law firm represents you and if they would submit their questions in writing, your representative will be happy to respond.
—
This *is* definitely the recommended way, the smart way, the intelligent way, the educated way — and *not* the “stupid way”... LOL...
“Not true, according to a law professors lecture and also a investigative cop at the same lecture (also lecturing the students).”
I argue that the only way you can be convincted of a crime from your statements without having committed a crime is for you to be wrongfully convicted. That can happen, I guess. But it can also happen without you saying anything. Anyway, that’s what we have lawyers, presumption of innocence, due process, judges, appeals, and various other rights to guard against.
If you think they can't ruin your life without a conviction, you're a fool.
“He wasnt read his rights before answering the officers questions.”
He wasn’t under arrest.
“The cop needs a witness placing your friend behind the wheel.”
The guy admitted he was behind the wheel.
Next case.
And that’s exactly *why* we have the *right* to not speak to the police... *exercise* your rights — or — *lose them*...
http://www.flexyourrights.org/
[examples for people of *how* to exercise your rights in a car search or a home search, “without a warrant”...]
Be a “good Constitutionalist” and *exercise* your rights!!
“No, actually even if you have not committed a crime, its not safe to offer anything at all.”
And abstinence is the safest form of sex. The thing is, it is entirely possible to be convicted of a crime you did not commit. But the odds are such that I won’t cause that to make me watch my tongue when I have nothing to hide.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.