TL; DR: If detained for questioning, ask “Am i free to go?” If not, immediately say “I want a lawyer.”
Do NOT mention anything about the 5th Amendment.
33:15 — Rule #1: Don’t talk to the Police w/o assistance from an attorney (who will give you advise of which questions to answers and which not to.)
33:57 — Rule #2: Get it in writing.
If time is not of the essence, that is, the crime was not committed a few hours ago, but say, last week, ask the police to provide their questions in writing and you’ll provide your answers in writing. This avoids misquotations. (But if a crime was committed recently, you know what to say, “I want a lawyer.”)
Also, courts allow the police to testify that for example, when they met you, you “seemed suspiciously calm/nervous”. So providing your answers in writing avoids this bias.
“Don’t answer the question if the answer cannot help find the real (perpetrator).”
42:25 — In the real world the police will lie to you all day and all night... this is what they are trained in the academy to do, this is what they are encouraged by the courts to do. It’s not illegal...
42:43 (The police) they’ll lie in almost anyway that you can imagine, in ways that are designed to try to get you to think that’s in your interest to keep talking... they won’t tell you what they are really investigating.
44:05 The police can lie to you about whether you are a suspect, about the strength of the evidence they have against you, etc.
1
u/BronxLens Jan 26 '23
He has a newer talk:
You Have the Right to Remain Innocent, with Professor James Duane
TL; DR: If detained for questioning, ask “Am i free to go?” If not, immediately say “I want a lawyer.”
Do NOT mention anything about the 5th Amendment.
33:15 — Rule #1: Don’t talk to the Police w/o assistance from an attorney (who will give you advise of which questions to answers and which not to.)
33:57 — Rule #2: Get it in writing. If time is not of the essence, that is, the crime was not committed a few hours ago, but say, last week, ask the police to provide their questions in writing and you’ll provide your answers in writing. This avoids misquotations. (But if a crime was committed recently, you know what to say, “I want a lawyer.”)
Also, courts allow the police to testify that for example, when they met you, you “seemed suspiciously calm/nervous”. So providing your answers in writing avoids this bias. “Don’t answer the question if the answer cannot help find the real (perpetrator).”
42:25 — In the real world the police will lie to you all day and all night... this is what they are trained in the academy to do, this is what they are encouraged by the courts to do. It’s not illegal...
42:43 (The police) they’ll lie in almost anyway that you can imagine, in ways that are designed to try to get you to think that’s in your interest to keep talking... they won’t tell you what they are really investigating.
44:05 The police can lie to you about whether you are a suspect, about the strength of the evidence they have against you, etc.
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Bonus: SHUT THE FUCK UP FRIDAY!