Posted on 09/08/2009 1:28:39 PM PDT by The Pack Knight
The Federalist Society at my law school had Prof. Duane over to give essentially this same lecture earlier this year. It gave me a new perspective on just how important the right not to self-incriminate is in a free society.
This is something every citizen should be informed about. If you are a suspect, there is absolutely no good reason to talk to the police, especially if you are innocent.
When they say "Anything you say can and will be used against you," they mean it. As the Professor points out, answering even seemingly innocuous questions may have serious consequences, as you don't know what other evidence the police may have. What many people don't realize is that, under the rules of evidence, anything you say to the police generally cannot be used in your defense, as it is inadmissible hearsay. If you say anything that contradicts other evidence against you, your statement will be used to attack your credibility in front of the jury, not to support your side of the story.
Now, more than ever, Americans need to be informed of their rights. This is one of the most important ones.
For safety, I keep a gun in my car during such long distance trips.
Well, I got pulled over for speeding. I got a ticket. I signed for it and told the officer to have a nice day.
I saw no reason to stir the pot and announce that I had a gun, so I didn't. My wife, though, was wigging out the whole time.
Query: Was I wrong for not announcing the gun?
Nope.
My back hurt, and I didn’t feel like getting out of the vehicle and sitting on the curb while he rifled the contents of the vehicle.
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It’s a good video, however there can be a downside to not talking to police. Depending on the circumstances the criminal may escape prosecution.
Must be maxed out.
I did a 600 mile trip not long ago and got pulled over, no ticket. I didn't mention the firearms in the vehicle because a) I didn't think to. b) I wasn't sure where they all were, had I thought about them.
I also don't randomly tell law enforcement about the quarters I'm carrying in my pocket or where my bottom dentures are. That's just stuff they probably don't need/want to know.
/johnny
What state were you in? What is the state law? Do you have a carry permit?
In IN we do not have to give notice, but in several states with recip laws I do. In the state of TX, for instance, if you get pulled over, law requires you to tell the officer and present your license.
I was in a car accident a couple of years ago and was carrying conealed. Because I would be interacting with police and we had to reset my fuel cutoff switch to get my truck running, I politely disclosed, out of courtesy, that I was licensed and was packing. The officer said thank you and never even asked to see my license. No problem.
All that said, I have never offered up the information and don’t think you should have to. But I will always follow the law, whether I think it a good one or not.
I was recently pulled over at a sobriety checkpoint in my neighborhood. Was I obligated by law to roll down my window and allow the officer to proceed with questioning, etc? I doubt it, but I had no desire or reason to ruin their show. “Have you been drinking?”
“No, but I have a great big box of doughnuts in the trunk. Would like one?”
This cop says no. If, however, you had it on your person and I was asking you to exit the vehicle for some reason, that would be the time for you to say, “Officer, please know that I am a lawful gun owner and I have a concealed weapon located in a holster on my right side. How would you like me to proceed?”
You’d be on your way home shortly, after we discussed our favorite guns and calibers!
Depends if you were carrying it legally and required to disclose. If you were carrying illegally, it was wise to keep quiet about it.
Great advice, almost verbatim of what my retired father in law has told me.
Sure you can talk to police. Your one reply should be “Lawyer.” Repeat as necessary.
I know a person who was innocent and got in a whole lot of trouble by trying to be helpful. He assumed that the more he talked, the better things would be. Ha, ha! Not true. The cop twisted his words all around so much, he didn’t know his own name after the guy was finished with him.
I work for free as an unpaid intern. That makes me a sucker, not a thief.
Most of the new cops are NOT your friend
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