Posted on 12/22/2010 7:19:07 PM PST by marktwain
During a typical state-mandated defensive firearms class there comes an hour – usually during that sleepy time after lunch – where the instructor gives some obligatory advice on what to do should you ever be forced to use the skills you're learning. Generally the advice comes down to two points:
* Call 911. * Don't say anything.
The reason you call 911 is to demonstrate your human concern and compassion for the dirtbag whose chest you just ventilated as he threatened you or your family with death or grievous injury, and so that you can get police officers on-site to investigate a homicide or physical assault – an act that you just carried out. So as a potential felony defendant, you are now expected (if not strictly legally required) to call the police and speak into the police recorder, ever keeping in your adrenalin-charged mind that "anything you say will be used against you."
Alan Korwin, principle author of the indispensable Gun Owner's Guide series of books, has earned a reputation as a guy who thinks creatively and speaks his mind. In his latest project, After You Shoot, he tackles the issue of how, after defending yourself with lethal force against a criminal attack, you need to be prepared to defend yourself against the criminal justice system, starting with how you notify the authorities. According to Korwin’s sources, about half of the convictions arising out of self-defense incidents stem from unwise statements made in a frantic 911 call. With sometimes startling insight, and a sharp sense of the ironic, Korwin explores different paths through the treacherous legal terrain that can face anyone who uses deadly force in self-defense.
Just as there is no single, universally correct combination of the "right" gun, caliber, and carry rig to guarantee a successful defensive outcome, neither is there a single set of "right" after-action procedures or magic words to say that guarantee you won't be arrested and face a trial. After You Shoot explores possible options, some of them controversial. Korwin is not shy of controversy, and proves it in his book by airing a broad variety of knowledgeable viewpoints, a few of which hold that some of Korwin's approaches are all wet. As with other "holy wars" in the field – 9mm vs. .45 ACP, revolver vs. automatic, shoulder holster vs. belt holster – this debate is unlikely to ever be completely wrapped up. But there are important points to be raised, points that a defensive shooter needs to keep in mind. The book is, in many ways the overdue opening round of what could be a long conversation.
The conversation starts with fundamental rights, focusing on what Korwin calls the Adnarim Statement. Word game buffs will notice that Adnarim is Miranda spelled backwards. The crux of the Miranda warning is that "anything you say will be used against you" (Korwin always italicizes that last, very important bit). The Adnarim statement literally turns the Miranda warning around. It is an assertion of Fourth and Fifth Amendment rights saying, in effect, "I have a right to remain silent and not to be searched, and I choose to exercise those rights." The mindset of the Adnarim statement is in sharp contrast to the Miranda warning, which amounts to permission from the investigators to be silent. Korwin cites lawyers who have printed the warning on the back of their business card for their clients to use if arrested. The idea is to cause police to back off and not try to lead the defensive shooter to say something incriminating.
But the Adnarim statement isn't unanimously accepted by experienced firearms lawyers as a good idea. A defensive shooter who presents the card to an investigating officer and clams up, says the contrary view, is likely to antagonize on-scene cops, and a possible red flag for a prosecutor who would rather see a civilian dead than using deadly force in self-defense.
Korwin's out-of-the-box thinking only begins with the Adnarim statement. Needing an example of how to professionally handle the aftermath of a shooting, he looks at the policies developed by police, a very straightforward process that protects the shooting officer from the press, open microphones, and his own very human urge to talk that may come along with such a traumatic event . He offers a solution that, combined with the Adnarim statement, could be practical, but, like a home defense plan, it needs to be put in place well in advance of a defensive encounter.
As a defensive planning guide, After You Shoot fills an important gap in any gun owner's library. Korwin flags specific risks that face the defensive shooter, and suggests strategies to mitigate or avoid those risks. Just as there is no single ideal gun for every situation, neither is there a single legal approach that is right for every person or situation. Like any good defensive book, After You Shoot lays out the problems to be solved in clear, common-sense language. If you keep or carry a gun for self-defense, you need this book. After You Shoot: Your gun's hot. The perp's not, Now What? By Alan Korwin Publisher: Bloomfield Press ISBN: 978-1-889632-26-1 List Price: $14.95 Format: 160 pages, trade paperback
—agree—got an autographed copy of the book at the Crossroads of the West-Small Arms Review gunshow in Phoenix a couple of weeks ago—
The person threatened me with a/ by ________________. I was afraid for (my life, the lives of my family, the life of __________). I would like to speak with my lawyer.
sfl
Thanks for posting this. Folks (gun-owners and everyone else) need to “be prepared,” as the Scout Motto says.
I think you basically say - I was afraid for my life and there were no other options besides deadly force available to me.
I was afraid for my life and there were no other options besides deadly force available to me.
= = = = = = = = = = = = = = = = = = = = = = = = = = = =
Also, you NEED to be checked out for trauma-After all, the ‘victim’ forced you into a stressful situation-
and NEVER say “I didn’t really want to do it”.
During the summer I was ‘involved’ in a situation where some neighbor (AA) kids I ran off from some property I was affiliated with ended up telling the Police that I had pulled a gun on them.
Well being a small town, a call saying a ‘crazy old white dude’ threatening kids with a gun, brought out about 6 cops, 4 deputies, State Police, Fire Dept, ambulance etc and who knows what.
When first confronted, I took it as a joke (after all, I am a ‘friend’ of the police) but didn’t take long for me to tell by the look on the young corporals (town cop) face that they were very serious.
I knew a couple of the deputies and did say loudly enough, “I don’t ‘threaten’ children and I wouldn’t pull it unless I am going to use it”.
After about a half hour of basically ‘non threatening harassment’, they all left and left me there.
During the whole time, I was never cuffed and other than a cop asking me to open my shirt etc, I wasn’t searched, they just ran my ID and it was over.
Dial 911 and say “Clean-up in aisle 668!”
Or instead of the phone, pick up the shovel and do my own cleaning up.
I feared for my life,
I stopped the threat,
I want to file a criminal police report,
I need to talk with my attorney.
When they get there repeat the above, and help point out all the evidence, as some may have become obscured or rolled behind things. Do not talk more than showing where evidence went.
Asking to file the police report is indicative that YOU were the victim here and YOU want to have the criminal prosecuted (dead or not, not important at that point). Also that you will talk and are not just clamming up because you’re in the wrong.
There's a case of where the braggart has won his bragging rights...
It doesn’t matter if you “clam up”. Not answering questions is your right and in NO WAY implies guilt or probable cause. The dead body is all they need to make your life miserable. You can be Be polite, try to stay calm and state that you were afraid for your life and then STFU.
All you have an obligation to do is identify yourself. Ask the officers if you are free to go or if he is detaining you. Once he says he is detaining you you are free to shut up and ask for an attorney. I would never talk to the cops and give them or a politically aspiring DA a chance to screw me over. If they “ask” to “look around” your house I would tell them that I don’t consent to any searches in any other areas other than the room of the crime scene. Close and lock the door behind you if the bad guy is in the front yard and do not allow the cops inside your house. EVER. UNLESS THEY GET A WARRANT.
As far as being “friends” with a cop helping you out. Good luck with that. I work in an ER and I know most of the cops, including some I shoot at the same range with, but I still would never give up my rights to shut up and not be searched. Cause all it takes is one stupid statement, one accidental found object such as a gun or a cop wanting to look in your hard drive to make you appear as a gun nut or kook.
Affirmation for this attitude can be found by searching Youtube for “Don’t talk to cops”.
Something to always keep in mind.
Sad to say, but in this day and age you can’t really talk to the police.
Where did I say be friends with the cops?
Pointing out evidence is critical in case the bad guys’ weapon goes flying behind something. Or he fired at you and the shell casings and bullet holes in the house are obscured. It’s only for that.
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