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Author Topic: Don't talk to the police  (Read 1106 times)
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Soriak
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« on: July 01, 2008, 02:58:08 AM »

Very interesting talk. First video is about 30mins from a law professor, the second 20 minute video is the next part from an officer. Well worth watching... the examples cited show how even high-profile celebrities (Martha Stewart among them) walked right into it and went to jail because they didn't shut up.

It was quite telling that it seems even the federal government doesn't know how many provisions there are in federal law. One example cited relates to fish, wildlife and plant: it is against federal law to possess (etc) any that is illegal in either a state, tribal area or under any foreign law. One example is a bony fish from Honduras, the other is possessing a lobster under a certain size. (whereas it doesn't matter if you actually killed it or found it dead on the street) People apparently have been convicted of both.

Chances are, nobody knew of that law - so if you think you can respond knowing you didn't do anything wrong, there's probably something they can get you with.


Even if everything you say is truthful and you didn't do anything wrong, by answering questions you open the door for police to claim to "misremember" what you said. It could also introduce witnesses that otherwise wouldn't get in and if they say something different than what you say (even if they're wrong), you just increased your chances of going down massively.

I guess the big point to remember is that you never gain anything from answering questions. Even if you co-operate, police isn't permitted to testify on your behalf. Based on what the officer says, a lot of people think they can help themselves by answering questions and even confessing - not so much. Get an attorney and don't say anything beyond that Wink

http://video.google.com/googleplayer.swf?docid=-4097602514885833865&hl=en&fs=true

http://video.google.com/googleplayer.swf?docid=6014022229458915912&hl=en&fs=true


I suppose this may be obvious to many, but it's still an informative and engaging talk. It's funny how in the second clip, people in the room do EXACTLY what they were told not to do only a few minutes earlier - and those are a bunch of law students.

Interesting was the incentive for the officer to keep you in interrogation: he says he makes $58/hr in overtime, so he really doesn't mind staying in there for 10hrs.


As a non-American, I found it educating to watch. If I get approached by police on a visit to the US, I now know what to do Smiley I never knew you could plead the 5th amendment (refusal to testify/answer questions) even if answering wouldn't incriminate you in a crime. But apparently the Supreme Court affirmed that people are best advised to not answer any questions and hence any statement can be considered self-incriminatory. I was a little surprised at the "tricks" used by the officer to get suspects to surrender their right.

Hope you find it as interesting as I did!
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wthepoo
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« Reply To This #1 on: July 01, 2008, 11:14:19 AM »

As a non-American, I found it educating to watch. If I get approached by police on a visit to the US, I now know what to do Smiley I never knew you could plead the 5th amendment (refusal to testify/answer questions) even if answering wouldn't incriminate you in a crime. But apparently the Supreme Court affirmed that people are best advised to not answer any questions and hence any statement can be considered self-incriminatory. I was a little surprised at the "tricks" used by the officer to get suspects to surrender their right.

Hope you find it as interesting as I did!

Very interesting indeed, Soriak,  Thank You

Not only should you remember that when on a visit to the US but also when on a visit to Germany (and - my guess - even when at home in Switzerland)... it is about the same.

In Germany, you do not even have to appear for a police interview unless arrested - and most lawyers do strictly advise against it.
When interrogated as a suspect, you can always remain silent (in Latin: nemo tenetur se ipsum accusare... nobody can/shall be forced to accuse him-/herself) and have to be made aware of this in advance [like in the US]; when interrogated as a witness, you normally (with certain privileges) have to answer truthfully unless there is a (broadly construed) risk of incriminating yourself.

I forwarded the link to the second video to a friend who is a public prosecutor here in Berlin Wink Maybe it will give him some ideas for his interviews.

Best wishes,
Wolfgang.
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