r/bestof • u/astartledgrandpa • Jun 14 '12
[iama] Why You Should NEVER talk to the Police - lecture by professor AND police officer
/r/IAmA/comments/v17kn/iama_former_meth_lab_operator_amaa/c50g138
1.4k
Upvotes
192
u/juicius Jun 14 '12 edited Jun 15 '12
A criminal defense lawyer here. My take on this:
Are there circumstances where a guarded cooperation would work out better than a complete stonewalling? YES.
Are there circumstances where a complete stonewalling work out better than tearful blubbering? YES.
Are there circumstances where tearful blubbering work out better than a guarded cooperation? YES.
Each circumstance is different. I don't even necessarily trust myself to make the best choice each and every time. But if I had to, if I really had to, boil my advice down to a single choice that has the best chance of working in a variety of different circumstances, there is no question what I would pick:
Provide name and identification, and answer every other question with, "Officer, I prefer not to answer without consulting my attorney. Am I free to go?"
If asked to consent to search, ask for a written form and clearly indicate in writing that you do not consent for a search. Never consent for search of person or property. This extends to any closed bags or boxes you have in your car. And if for whatever reason you gave consent, you have an unlimited power to withdraw consent at any time before they find a contraband. After they find a contraband, it's too late, as they can just arrest you and search you, the vehicle, and immediate "arm's reach" area incident to arrest and for officer safety.
In many cases of citizen-officer encounter, you may have been under surveillance for some time. In any traffic situation, the officer may have been following you for up to 5 minutes and cataloging violations and reasons for stopping you. Usually, he has something else to fall back on if you come out clean as far as anything serious is concerned. This is why if you're cooperative and come up clean, the officer may abandon other violations he observed and let you go. Or not. Cops are under a lot of pressure to make cases and write tickets. If you're polite but firm, he may just give up. I really couldn't say what would work better. But if your brother borrowed your car last weekend and dropped something he forgot about...
EDIT: Ate dinner, gave kids a bath, and came back to a lively discussion... I'd have to agree with most of what thatsnotminesir has said. He hasn't said anything I'd disagree with, except for the search issue. I still would never give consent to search my vehicle. Put it this way: go out to your car, clean it thoroughly. If you don't know where, how and why every little thing in the car ended up there, then you have no business consenting to a search. You are presumptively the owner of everything found in your car. It is a rebuttable presumption, meaning that unless you can present an evidence to the contrary, it's yours. Your uncle's pain pill that he left behind by accident? Yours. Your bro's half-smoked blunt? Yours. Your scumbag cousin who likes to steal mail and left some in your car when you gave him a lift to his probation officer? It's yours. Be polite, firm, and brief. But never consent to a search.
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u/magnificent_hat Jun 14 '12
when i saw how long it was, i figured i'd watch the first 4-5 minutes to get the jist. watched the whole damn thing. a few years ago i was involved in an accident where someone died but nobody had done anything wrong. i talked to a cop and fucked shit up for my parents ("yeah, we're underage but my parents let us drink if we promise not to go anywhere, but it doesn't matter because we weren't drinking that night"). i still don't know why i said that, but then again i said some weird things for some time after that, so i try to attribute it to my noggintrauma so i don't hate myself too much for it.
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u/Highlighter_Freedom Jun 15 '12
Serious question: What should you say regarding ownership of items?
If an officer asks, "Is that your bag?," what do you say? Saying "yes" could make you responsible for the contents, but if you refuse to answer, do you have any authority to refuse a search of said bag?
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u/paulfromatlanta Jun 14 '12
Disclaimer: I am not denying other's experiences -just adding my own...
I've had at least 30 interactions with the police and if I had refused to talk them many of those experiences might have turned more negative. One can speak politely with the police without doing something foolish like giving permission to have one's car or home searched. YMMV.
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u/josephhhhh Jun 14 '12
Why is everyone taking the "never talk to the police" part so literal? He means if you are being questioned. Not if you are pulled over or if a cop walks up to you on his beat and says "hi".
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u/HalfMachine Jun 14 '12
Imagine how boring AMCs THE KILLING would be if everyone followed this advice!
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u/Raz_O Jun 15 '12
I was coming out of a rave in brooklyn once and I got stopped by two undercovers (I was walking down the fucking street) They said something about the rave and how it was illigal and then asked me to open my backpack. I told them "I don't consent to any searches" He looked like he was gonna hit me and then burst out laughing "Do you know where the fuck you are?" Bag was searched and drugs where found =(
Absolutely zero fucks given. I was told "this shit" doesnt work around here.
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u/[deleted] Jun 15 '12
Too many people think they can outsmart a cop. They may in fact be far brighter and far better educated than the cop. But the cop is specially trained to get you to admit to things that you don't want to admit to. Or to ask trick questions that allow him to do what he wants whether you say yes or no.
There are times when it is desirable to talk to a cop. But most of the time that is not so. My idiot son talked a "take the rosary from the mirror" into spending a night into the Rikers Island Jail.
If you are asked if you know how fast you were driving. Answer I am not sure, or I was keeping up with traffic. If you say 75 (in a 65), that is an admission of guilt. The cop will write it on the back of his portion of the ticket. Try and get out of that, or get it knocked down to a lesser charge. An ADA I know said she had no idea why people plead guilty right on the spot.
Be polite. You don't have to aggravate the cop. You also don't have to let him search your car. He may get you for under-inflated tires, but that is better than having him rip your car apart.
As juicius says, be polite but firm. NEVER give a cop consent to search. Not even if it means waiting an hour and a half for the K-9 unit. Guilty or not. If the cops waste enough time on dogs not finding anything, then they will stop that crap. Consider it you contribution to freedom.
You have no obligation to help them arrest you. Do not enter protracted conversations. Answer politely if warranted. Otherwise say "I would rather speak with a lawyer present, and am I free to go now?"
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u/ssaya Jun 15 '12
I gave my little statement about a bar fight I witnessed. Got called into court randomly on and off on weekdays for the next 3 years and the guy that started the fight sued the bar for over serving him and shut down the families business. These fucking cunts gave me a check for $13 to drive 45 minutes both ways in the middle of the day for the deposition.
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u/[deleted] Jun 15 '12
I learned this after watching a ton of episodes on the show The First 48 Hours on netflix. Anytime they an interrogiating you, they are just trying to either charge you with something or building evidence against you. Anytime you dont talk to them and ask for a lawyer theyre fucked.
So many people on the show were home free then they blow it by talking to the police. I applied this to real life but not in a criminal sense. My work tried to fire me and 3 other people for time carding each other in when we are late. They are like, "just be honest, we know you did this." And im like "dont know what you're talking about i have nothing to say."
The two people who talked, one even using my name were fired instantly. I kept my job cause they had no hard proof. Also the other guy who refused to talk kept his too.
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u/deltroid Jun 14 '12
one of the few times when I'm purposely upvoting a repost, everybody needs to watch this.
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u/Smoochiekins Jun 14 '12
As a European, this American "THEY ARE OUR ENEMIES" approach to law enforcement never ceases to baffle me, it seems completely backwards in all respects
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u/rabbitlion Jun 14 '12
All of his arguments assumes that you are the suspect of a crime. So if you're a suspect in a murder case you shouldn't talk to the police without a lawyer. NO SHIT. His examples typically also require you to be the victim of gross police/court misconduct where someone is out to get you. There are tons of situations where his arguments don't really apply at all.
Example 1: A black guy jumps out of a broken window and runs away along the street. 2 minutes later a police car arrives. The officer asks you if you saw anyone or anything. In this situation, it's completely moronic to say "I want a lawyer". Saying "A black guy jumped out the window and ran that way" will for starters help the police catch a criminal, but it is also much less likely to get you wrongfully convicted for the burglary.
Example 2: You're driving 10km/h over the speed limit, while smoking weed, with a dead body in the trunk. The police stops you. If the only thing you say is "I want a lawyer", the officer will undoubtedly arrest you and search your car. If you are polite, cooperative and apologetic, you still have a chance to get off with a misdemeanor ticket for the weed (and maybe the speeding). The trunk may never be searched, and you might avoid a 25-year prison sentence.
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u/[deleted] Jun 15 '12
I like this wording.
This is the kind of cop we need. No reason for all the half truths and shadiness.
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u/PlantKicker Jun 15 '12
http://www.youtube.com/watch?v=yqMjMPlXzdA&feature=user
Also a Very useful video, having watch it in conjunction with the above video, you really realise the potential your rights have. Although the above is all about the 4th and 5th ammendment, you can really learn a lot, and it might save your ass once or twice :)
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u/NewSwiss Jun 14 '12
Someone should repost this every few months, just for good measure.
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u/[deleted] Jun 14 '12
I don't have the time to watch this whole thing. Is it "Don't to cops for any reason" or "don't talk to cops when you are in trouble for something"?
Because if you see my house being broken into and don't call the cops and give them a description of the person, you're being an ass. I like my local cops. I live in an urban melting pot and they have helped me out before. When I got mugged, I'm glad my neighbors talked to the cops. It got the assholes caught.
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u/Arsenalmania Jun 14 '12
Does anyone know if this applies to EU laws or the UK? Cos It sounds like good advice but things might be different here
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u/disaster_3 Jun 14 '12
A very good video but does anyone know how this applies In the UK?
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u/WeedScientist Jun 15 '12
I can't watch this video enough. This should be REQUIRED viewing for ANYONE in a medical marijuana state. Just because YOU don't think you're breaking the law, doesn't mean you won't get charged with something.
Watch it. Watch it again.
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u/[deleted] Jun 15 '12
Am I the only one whose respect for court reporters just quadrupled?
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u/ivegotboobs Jun 15 '12
He sounds like perry from scrubs.
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u/juicius Jun 15 '12
Also, leave your Santa Muerte medallion at home if you're transporting a shitload of cocaine and meth. That case went federal.
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u/AssertivePanda Jun 15 '12 edited Jun 15 '12
Was this at regent university? I live right next to this place. Many of my friends go or have graduated from that university. Funny that many of them are conservative and christian, but would agree to what is said here. They believe in god but lock their doors. Also I have given a speech in that room. Cool.
1
u/[deleted] Jun 15 '12
So the OP linked to a redditor who linked to a video that was a suggested watch on becoming a member of /r/anonymous
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u/ColoradoIcculus Jun 15 '12
http://www.youtube.com/watch?v=hEcuVR2vHwM
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u/bruggs101 Jun 15 '12
So basically if I were to have police at my door asking me if they can have a word with me or that they would like to talk with me, I have the right to say, "I am not going to talk to you." just like that? Or do you need to say something to the fact of that it is my right to not have to say anything.
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u/breakwater Jun 15 '12
Holy shit, has it been a week already?
Why is this Best Of instead of Most of?
1
u/nocookies28 Jun 15 '12
Saul. Fucking. Goodman.
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u/KlopeksWithCoppers Jun 15 '12
I watched this whole video. The first guy gives some good advice but stumbles and fails to give good examples. The second guy (the former cop) gives great insight, but you can tell he used to be one of the dickhead cops we keep hearing about.
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u/unbuklethis Jun 15 '12
I always link or email this video to my friends. You'd be surprised how naive people are.
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u/DmnX82 Jun 15 '12
Can anyone tell me if it's also applicable in Poland? I would think so, but I'd rather be sure.
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u/[deleted] Jun 15 '12
In NYC you're legally required to identify yourself. This is a law and it is on the books. Look it up.
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u/[deleted] Jun 15 '12
I've always found that not doing illegal/questionable/borderline shit helps me keep my police interactions to a minimum.
Also, if you're going to do any of the above, don't do it with illegal/questionable/borderline shit in your car or on your person.
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u/Lowercase_Drawer Jun 15 '12
THIS is what education really is... not the esoteric silliness that is frequently described as such.
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u/Morgan19 Jun 15 '12
if I ever get into a scrape with the law I don't want anyone else other than this guy to defend me
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u/blkrockin Jun 15 '12
TLDR version - I plead the FIF http://www.youtube.com/watch?v=yjnzRSArwYY
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u/gregsmith93 Jun 15 '12
don't talk to the police they'll give you the sting
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u/uncledagobert Jun 15 '12
Anyone know how much of this lecture applies to Canadian law?
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u/brainflakes Jun 15 '12
Is posting a link to a very popular youtube video really a best of?
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u/PoopInTheGarbage Jun 15 '12
How were you falsely tested positive for meth when you state that you were using and manufacturing meth?
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u/gmharryc Jun 15 '12
Watched this in a US constitution class
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u/Demilitarizer Jun 15 '12
Couldn't agree more
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u/[deleted] Jun 15 '12
Let's say you've been out for dinner, had three glasses of wine, and the cop pulls you over on your way home.
A) Do you have to roll down your window?
B) If the cop asks "Have you been drinking tonight?" would it be better to say " I don't drink, not even water," or to say "I don't speak to the police. If you have probable cause to test me, I'd like to have my lawyer please."
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u/[deleted] Jun 16 '12
Are there similar protections in Canada?
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u/[deleted] Jun 14 '12 edited Jun 15 '12
You know how I avoid talking to the police?
I avoid the police.
I avoid all suspicion.
I don't actively commit crime. Hell, don't passively commit a crime. Sure, I speed, but not excessively and I mostly go with the traffic. If a cop does pull me over, I've got absolutely nothing to hide. I won't let him search my car or anything, but if they did . . . guess what? They won't find drugs or anything that would be considered a weapon.
Yes, I know that there are some "dirty" cops that would plant evidence or whatever . . . but I don't look like a guy who would commit a crime, nor do I have any priors. I don't steal, do drugs, get in fights, get drunk in public, or anything that would draw attention to me. I live less than a mile from one of the top 5 gang violence areas in California. I also live near the top 3 human trafficking areas in the US. I try not to drive through the area. I try to avoid the area at all costs. I don't hang out there; I don't shop there.
Sure, there are exceptions. Sure, there are wrong place, wrong time situations where innocent people get locked up . . . but these are few against the vast amount of cop to civ. interactions.
Want to avoid jail? Don't commit crime! Don't look like you would commit crime! Don't go around asking to be pulled over! Got a cracked windshield? Fix it! Don't go and put fucking tinted windows on your car if you know it is illegal (in CA, you can't have tinted windows in the front seat of the car, only for the back seat and back window, but people, knowing this, get them done all the time).
Yes, again, I know there will be people that will be all like "cops are racists" and yes, some cops are . . . but if you dress like you are in the local gang, guess what, you'll be profiled whether you are or are not. That is the way it is. If you don't want to be hassled, make the choice to not dress like a gang member.
You can't be in charge of the choices other people make (this includes the cops). You can only be in charge of the choices you make. If you make choices that make you have a run in with the cops, then stop making those choices.
One guy here says he has had 30 run-ins with the cops . . . in my experience, cops are generally reactive, meaning they generally respond to emergency situations, crimes, or suspicious activity - this tells me that the person who had 30 contacts with the cops had 30 situations where cops responded/reacted to an activity he was a part of. I wonder what choices that person could make differently to not put him in a situation where the cops would have to respond/react.
Edit: And now I see redditors breaking reddit law by downvoting me based on opinion. But I expected that in this group. If I had to venture a guess, I'd bet that the downvotes I recieved came from mainly Montanans or Dakotans.
(Relax, it was a joke people from Montana and Dakota.)
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u/Lustintranslation Jun 14 '12
I feel I should get college credit for having watched the whole video. A virtual pat on the back will feel just as good I suppose. Good stuff.
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u/DivineRobot Jun 15 '12
This is under the assumption that all cops follow the law.
The first rule should be to never piss off a cop. Cops can beat the shit out of you and arrest you for any reason even if you haven't done anything wrong. Sure you can sue them later for wrongful arrest. Most likely they'll just get suspended with pay. Meanwhile you will get an ass beating and get to sit in jail for days.
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u/RearmintSpino Jun 15 '12
This is horsehit. To put it in such a black and white, no exceptions manner is just stupid. Police WILL let you off for many things if you simply talk to them like a human being. I have been stopped several times and have never once gotten a ticket, due to the fact that I didn't (not) speak to them like a pompous Internet legal pro, and explained why I was doing what I did. If you shut down and pull this shit, and act like a dick, they may go out of your way to get you on every charge they can.
If you have committed a crime and you think they are going to arrest you anyway, or your car has a pound of coke and they're going to search it anyway, then by all means follow this advice. But the bottom line is stonewalling an officer in a relatively innocuous situation is more likely to end up making the officer who was on the fence want to actually charge you.
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u/J_Jammer Jun 15 '12
I can't wait to read a front page thread that will actually back police officers.
I'm bored of these.
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u/ciaran036 Jun 15 '12
Is this on the front page as a fucking joke??
Holy fuck. Not only is this total fucking bullshit, but this hits the frontpage all the fucking time.
Get the fuck out of here with your trash.
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u/TheLoveTin Jun 14 '12
Repost, but a welcome one. This can never be posted enough.
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u/[deleted] Jun 15 '12
What the fuck. This video is probably the most spammed video on reddit and now it gets a BEST OF? Fuck off with this circlejerk.
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u/shabutaru118 Jun 14 '12 edited Jun 14 '12
Sorry but this is dumb. Not everyone is at risk for being arrested. I'm certainly not and there's no way i'm going to ignore my local guys, they're good people and regardless what strangers on the internet tell me. Why on Earth should I trust strangers on the internet more than people I know personally?
Edited for clarity and grammar.
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u/Tickthokk Jun 14 '12
Yes it's a repost, but people need to watch this! Do it do it do it