I was once called in to the police station because they were told I was a witness to a crime. I wasn't, but that's another story. In short, I did know the person who committed the crime, and they were.... shall we say.... shady. Yes, the police tried several tactics. They started with asking how I knew the guy. How long did I know the guy. Were we friends and so forth. I swore to myself when I drove to the station that I was not answering a single question. I had to demand an attorney SIX TIMES before they finally gave up and stopped trying to ask me questions. I literally had to repeat, "I do not answer questions without an attorney present" over and over. When a public defender finally showed up, I told them about having to ask for them that many times. Holy cow!! The attorney lost her mind. She jumped to her feet, stormed out of the room, and I could hear her yelling from down the hall. A few minutes later, an officer came into the room. All he said was, "You're free to go," and he left the room. Never, I mean NEVER, talk to the police without an attorney present. Even if you are called in as a witness, HAVE AN ATTORNEY!!!
Also state that pursuant to the 5th Amendment I will not answer any questions and other then demand the presence of an attorney and then remain silent.
I'll add onto this: not every public defender is 100% invested in you. I've seen several people, including 3 cases I testified for the defense, get convicted with a public defender. When you live in a town of 6,000 most of your life, you know just about everybody at some point. I can safely say at least 1 was innocent for certain, possibly 1 other. A public defender gets paid the same amount no matter what the outcome. Some don't even try to defend their client. Usually, it's old men that are past their prime - one where I lived used to come into where I worked drunk by 1730 (5:30 pm in the U.S.). For questioning, like above, perfectly fine. If you're the suspect, get one as a placeholder until you can afford counsel, get a pro bono attorney, or ask around which public defender actually will fight for you.
I have twice been interviewed by police after witnessing things (a drunk driver crashing into the light post outside the pub, and a bag snatcher stealing the handbag of a woman dropping a child off at school) And I have learnt I'm a useless witness. I don't recall colours of cars (but I got the make and model right) and I can't recall names of people in chatting with during school drop off
The deck installed in the favor of the cops, they can and will use anything younsay against you, they can lie their asses off and never get in trouble for it. Best thing to do (as already stated) is to request a lawyer and don't say anything else to them about anything.
I agree, but I also want to point out that the police can absolutely get in trouble for something they do or say during your interrogation. However, it's unlikely they will be held accountable unless you have representation present.
Wrong. If you're not honest and helpful with the police, then they can't help you, which is the only thing they want to do. Trust them. They're always truthful about your options.
@@penultimateh766 The police are not there to "help" you, nor is it "the only thing they want to do." The only thing they want to do is close the case. I'm guessing you're either a kid, a cop, or you have a cop in the family.
Actually avoid all ambiguity and say nothing other than “I want to speak with a lawyer now.” (And EXACTLY that). Police will pull all kinds of shit and I have absolutely seen them NOT stop an interrogation because someone said “I think I want a lawyer now.” Tell them EXACTLY what you want and then shut your mouth no matter what. This is per the advice of MY lawyer. Just ya know, not pulling it out of my ass or anything 😂
I always keep a sound byte of Simon screaming LAWYER LAWYER LAWYER repeatedly from Casual Criminalist handy for those pesky situations where I get taken in for questioning.
No matter how friendly they seem, say nothing without a lawyer. Especially in a high stress situation. You may not remember things precisely, and it will be used against you in a court of law later.
And hey they might actually be well intentioned, genuinely friendly officers, but you can never take that for granted and the right to representation is there for a reason so always use it.
@brianb160 if you are being questioned, they are most definitely not friendly, no matter what tone they use. Like Simon points out, they are doing their job, and part of that job is to lul you into a false sense of security.
What to do when being questioned by cops: Ask for a/your lawyer, say that you won't answer any questions until legal counsel has arrived and then STFU.
Except when they don't. They tell you when they move to arrest you, when they already have enough info they are comfortable with moving the case forward. Only then they are obligated to. When they tell you your rights, you've already dug yourself into a hole. When they are just ask you to come in for an informal discussion to clear some things up and you can leave any time, they won't notify you about your rights and you should show up with a lawyer. They aren't obligated to tell you why they are summoning you (they can lie about it), but they have to tell it to your lawyer. Whatever you have to say, you can say it through your lawyer. If you say it, it's evidence, if the lawyer, it's hearsay and hearsay is inadmissible.
@@azminek7154 and you are under NO obligation to answer anything they ask, at ANY time. Before or after you are in the back of the car. You can 100% choose to not identify, or respond at all. Yes, you will get taken in, and as soon as you do, SHUT THE HELL UP AND DEMAND YOUR LAWYER
Cops don't tell you that you have the right to remain silent until you're arrested. If they just want background info and they aren't interested in you as a suspect they aren't going to tell you the Miranda Rights.
@@azminek7154 Well actually the hearsay exception statement against interest would apply except for the fact in this case it is your lawyer. They can't call your lawyer to testify against you (attorney client privilege) so there is no way they can force them to testify as to where they acquired this information and thus cannot prove that you made a statement against interest even if it did turn out that something passed through them later connected to other evidence and would have been useful against you. Any attempt to establish that you were the source of that information would result in your attorney being able to claim privilege and decline to testify on the matter and to count as a statement against interest and qualify for the exception they need to have a witness testify to you personally saying it or at least authenticate a recording or whatever.
In 1991 I was arrested for a very serious crime which I didn’t commit (unanimously acquitted in crown court and even praised by the judge) and was given the ‘good cop/bad cop’ treatment. The good cop ‘just wanted to sort it all out’ and offered me cups of tea. The bad cop insulted me, humiliated me, and even threatened me with physical violence.
@@libertarianesque8645 I am Canadian, none of that sounded unusual. I like tea, but I bet police office tea would be very awful. I would request a nice cold G&T instead.
Noone has a stand by solicitor in uk unless they are either related to someone who is one or you have been in this situation repeatedly before which would by itself suggest guilt.
@@penultimateh766 It doesn't matter if you have nothing to hide. Their job is to get convictions, not to solve crimes. There's a reason they're legally obligated to tell you that "anything you say will be used against you." They get paid the same whether the guy they lock up is innocent or guilty. Why would you want you want to go to prison for a crime you didn't commit? Unless you're homeless in winter it makes no sense.
I'm a law student, and they tell us that even after we're barred and practicing attorneys we should always have counsel if we're being questioned. The lawyer who represents himself has a fool for a client.
A couple of years back I attended a course on how to deal with police questioning. The course leader said "Do not talk to a police officer without an attorney present" He said that ONE HUNDRED times, then he packed up his stuff and left. For years afterwards, and up till today, you can ask anyone who attended that course, and ask what they learned and remembered from that course. You take a guess.
1. Am I under arrest If yes, 1a. I'm exercising my right to remain silent. If no, 1b. I'm leaving 2. I would like to speak to an attorney before being questioned
Had to wait the entire vid for him to say the thing, lol. marginally surprised the entire video wasn't just a clip compilation from CC of "Lawyer Lawyer Lawyer"
General rule of thumb: 1) Don't indulge discretionary information without a lawyer present. 2) Try to document the interaction presently or afterwards. 3) Deny any searches or seizures of you or your belongings, if the officer presses or threatens you with arrest for failure to comply then state that under duress you will not resist any searches or seizures but that you do not consent to them either. 4) Don't escalate any interaction, always comply even with an illegal request if the officer threatens arrest (as long as it's relatively reasonable) but voice your concerns over the illegality of said request. 5) Ask for their body camera to be turned on (if they have one) and ask for a supervisor to be dispatched if the situation is escalatory or the officers request illegal. 6) In The USA a traffic stop cannot be unreasonably prolonged for a K9 to come out for evidence gathering. 7) If an officer ever tries any dirty tricks like saying "I smell marijuana" either don't engage with the subject matter or refute it. 8) Officers can lie and they do so all the time, never answer as if the cop is telling the truth, answer only with necessary information. 9) Be nice, relaxed and coherent, this'll go a long way in dispelling any nerves or suspicion. 10) Suspicion is not a crime and if you are being investigated for suspicion then simply ask if you're being detained or not, if you are not then do whatever you were doing before, if you are being detained then ask for clarification and follow the aforementioned guidelines. (I'm not a lawyer, this is not legal advice, jurisdictions differ from states, countries and special legal zones) The general rule of thumb is to be coherent, cordial and relaxed, never indulge unnecessarily information, always ask for information and clarification, i.e. Am I being detained? What's your police identification? Is your body camera on? Did you get my speed on a traffic gun? (They can lie about this fyi and they can typically lie about the other stuff although it's usually against department policy) Never escalate, cooperate but don't necessarily consent and ask for a lawyer if being arrested or questioned.
As an addition, know whether your jurisdiction is a stop and identify one or not. Always get name and badge number. Always record no matter what, even IF the police take it as escalation. Good cops don’t care about you filming, dirty cops do. The Supreme Court has stated that it is within our rights to record not only interactions with police, but also anywhere in public where there is no expectation of privacy. Keep in mind whether the cop initiated contact with you or vice versa. NEVER let police into your home without a search warrant being given to you and you having the time to verify ALL information within said warrant. Even the wrong date being listed invalidated it and they must list exactly WHAT and WHERE the warrant is valid for. If they ASK to come in, say no thank you. Know and understand what a terry stop is. Dont pull any of that sovereign citizen shit because there’s nothing a cop hates more. Even spitting on a cop is considered battery of a LEO, so like the above said, maintain your cool. Cops LOVE to use battery on a LEO and resisting as extra charges or just as the reason to bring you in. Assume ACAB from the jump bc too many are corrupt, immunity is bullshit and not only do they protect each other, their unions savagely protect them even when they commit crimes. There are good ones but never assume you’ve got one. Thanks for coming to my TED talk.
@@Aaa-t5xhomie OG literally said that things differ in jurisdictions and other countries. So what’s the point of your comment? To show you don’t have reading retention?
@Aaa-t5x If you live outside of a "democratic" and "developed" society then yeah but this information largely works for The UK as well (American and British legal frameworks are pretty similar obviously) there were one or two parts which I said "In The USA" and I referenced it by saying that the information may not be subject to your jurisdiction. Obviously acting in the best manner as to not potentially incriminate yourself in police interactions is quite robotic and unnatural which can cause frustration or suspicion on the officers part however these should be irrelevant as to your legal standing, that's why it's recommended to act in this manner, it may make the officers job more difficult but it best protects you. Like generally this information applies to most developed anglicised countries that I know of, The US, Canada, Australia, The UK, Ireland. Look you can act more casually and naturally in a police interaction if you want but it's probably more likely to get you a ticket. It's not really a concern for most people anyway apart from avoiding the odd traffic ticket but when/if it is useful you wish you had it.
I was once questioned by the police regarding a false allegation made against me. Considering that I was innocent, I didn’t think I needed a lawyer (also I couldn’t afford one). The police lied to my face, which threw me off, and in hindsight made me look guilty. Do not EVER talk to the police without a lawyer. Even-and especially-if you’re innocent
About 14:24: And be precise! One dude said he wanted a "lawyer, dog" and the police claimed in appeals that they thought he'd said a "lawyer dog" and since those don't exist, he didn't get one. The court agreed with the cops...
So they pick-and-choose what to take too literally and when to "read between the lines" when it suits their convenience? I really shouldn't be surprised, but them doing it to such a degree is just absurd. An appeal for a retrial should have been made if he was found guilty.
Seriously guys take the last one seriously. I was once invited down to the station for a chat to clear up some loose ends. Before the interview one of the cops convinced me that I wouldn't need a solicitor present and then pointed out in the interview that I had wavered the right to legal representation. I'm still living with the repercussions of the interview today, many years later.
Hearing about the 'Never tell jokes during a police interrogation' is one that I didn't know and that'd be the main problem with me, because I'd try and lighten the mood by making a bit of a wisecrack and it'd blow up in my face.
Many of my closest friends are attorneys and they all say the same thing: “The only thing you should ever say to police if they want to ask you questions is ‘I’m more than happy to cooperate as soon as my attorney arrives.” Once you say that exact phrase, shut the fuq up until they get there.
@@Rancid-Jane unless they have cause to take you in, they have to. And even if/ when they take you in, you are still under no obligations to say anything besides "I want my lawyer immediately"
@@Rancid-Jane They can certainly continue the interrogation, but it will be inadmissible in court if they use any information. But then again, once you've requested a lawyer, continue exercising your fifth amendment protection against self-incrimination and stay silent and they can't get information from you. That's not to say they won't try to talk to you (maybe going buddy-buddy to make it seem like casual conversation more than an interrogation), but you can repeat your need for an attorney or just not talk.
@@Rancid-Janeif you don’t speak they have no recourse but to wait until your attorney arrives. They can detain you for a period but have to release you if they do not evidence to charge you with a crime. How long varies by jurisdiction but it might be a couple hours or a couple days. Chances are if they had sufficient evidence to arrest you, they would have already done so. So just wait them out. In silence. Or repeat “I want my attorney” as every answer.
They'll try everything to jam you up or get you 'just talking', some people cannot shut up so one trick I read of long ago that actually works: tell them you want a lawyer and stop talking. After that, focus your eyes on something across the room, and just silently sing a song in your head, or count to 100 and start again, it keeps you from slipping up if you are prone to babbling, tunes them out, and relieves stress.
2 дні тому+5
I read an article by a lawyer who talked about some of the absurd things police get away with. He said to always make sure and be totally clear about wanting a lawyer, because they will (and have) used any level of ambiguity to deny people's right to counsel. In one instance, during questioning, a person said, _"I think I want a lawyer."_ The officers ignored them and kept asking questions. When it was brought up to a judge, the officers stated that they figured he was just thinking out loud and claimed they didn't know he really wanted a lawyer, and the judge accepted this ridiculous claim. He suggested always equivocally stating _"I want a lawyer"_ so they there's no room for them to claim any misunderstanding.
A couple of things to consider... * You don't know about the law. People on the internet don't know about the law. People have this romantic notion about the law, that it is about justice and such. It isn't. It's a usually ambiguously written set of rules, which can be interpreted in different ways. And if you live in a jurisdiction that uses precedent, like England or the USA, there are those to consider as well. * Interviewing people is literally in the job description of the police. They're professionals. They get performance reviews like everybody else. The chances of you being better at police work than the police are, shall we say, not great. It's like watching a video of the Olympics, and deciding that you know enough to take on Usain Bolt. * Many police are not very nice people. The job attracts a disproportionate amount of bullies. Keep in mind that they're not your friends, and distrust them as a matter of principle. They will happily lie under oath in court.
Another common Police Myth is that it's their job to help you / protect the public. There's a lot of legal precedent in US law (in particular Castle Rock v Gonzales) that the police have no obligation to enforce the law or to protect the rights of the public.
Completely agree that #5 is the most important. Every bit of research I've done through YT tells me there are only 2 ways to handle the police asking you for an interview. #1 Don't. #2 If that isn't an option, the only thing you say is I want a lawyer.
"you have the right to remain silent. Anything you say can and will be used against you. You have a right to an attorney before, during and after questioning. If you cannot afford an attorney one will be provided to you free of charge. Do you understand these rights as I have read them to you" and yet so many people fail to heed the Miranda warning. Even if you want to confess and admit to a crime you actually did, you should ALWAYS get an attorney before answering any questions or making any statements. The reason is to make sure you aren't railroaded for any crimes they may think are related for which you are not actually guilty of, the other is they may be stepping up the charges in order to put pressure on you and without an attorney to make sure you get fair treatment the prosecutors have absolutely no incentive to lower the charges.
I was arrested for a misdemeanor offence, so a crime and not a violation, an was not Mirandized. They had some nonsense technicality where they said they didn't have to because the arrest was under alcohol control law and not criminal law. I still question how valid it was. In the end I was acquitted as literally I was arrested for standing doing nothing near where they were serving alcohol without a license at a college party, they tried to implicate me as a party to it, and had nothing on me because I wasn't. But either way I spent the night in a holding cell and had to spend a lot of money on a lawyer to get out of it, and I don't even feel like the rinky dink small town cops even did their jobs properly. They also planted drugs on one of the others and tried to ramp up charges on him, but said they would drop them if he blew in others. Disgraceful. And I am a pro law enforcement person, I have lots of friends and family in law enforcement. My landlord at the time was a cop (in a different jurisdiction). Even he told me what a joke the village PD was there and to be careful with them.
Oh, but they get around that with the hypothetical question. "What would you say if we had you on CCTV stealing the drugs?" Or, "Would you be surprised to hear that we have a witness that puts you at the scene of the crime?" How about, "You do know that the telephone exchange overlooks the scene of the crime. Someone looking out of the window could clearly see what you were doing."
@ That would still be a breach of PACE, you can’t lie or mislead. It’s all recorded, the defence would just get it rejected, and they police wouldn’t gain anything from it.
In the USA an officer cannot enter without a warrant unless absolute exogent circumstances exist, or unless the homeowner lets them in (which you should NEVER do), a cop should NEVER claim they own the house when they unlawfully enter a property (this was done recently and the cop was fired and the cop and city are facing a huge lawsuit)
I was once 'detained' (not long) because I matched the description of a burglar at a store 70 km away, 30 minutes ago. I was walking along the side of the road, backpack and camo coat. A truck skidded to a halt in front of me, and another behind me; an officer exited each truck, hand on gun, and asked if I might 'have a chat' in the back of the truck. I said "sure, I guess." He asked if I had anything he might stick himself on; I said "yeah a couple of knives..." (just trying to seem less threatening...) I had 2 six-inch knives and a machete on me. They thankfully didn't make a big deal out of it, and drove me home after I managed to politely convince them that I couldn't have traveled that distance so quickly. I think they treated me decently, but the stress of the situation makes you stupid.
There is only one thing to say "I'm complying with your directions and I will need a lawyer before I answer any questions." Then don't speak at all until your lawyer is there.
The cops are trained in interrogation, you (probably) aren't. They could make you admit you were Sadam Hussein's right hand person if you are under enough stress.. Which is why torture doesn't really work.
It states on the met police website, police do have to identify themselves with shoulder numbers or warrant cards. Even plain clothes officer must identify themselves when arresting you in the uk.
I work in a very peculiar and particular environment...I literally yelled one day " if the cops ask you questions do you just answer?" I heard a reply of " am I under arrest? ... Then I refuse to answer any questions and I would like a lawyer"
The best advice I ever got from a lawyer in regards to interrogation interviews was to just shut up, you have no reason to answer any questions they ask and they have no way to force a response.
Plenty of people have said this already, but once more won't hurt. *THERE IS NOTHING THAT YOU CAN SAY THAT WILL BENEFIT YOUR SITUATION, SO DON'T SAY ANYTHING!* And this holds for if you're guilty or not, if you know anything or not, and if you feel nervous or not. Anything that you say, anything at all, can potentially harm your situation, and so it just makes sense not to say anything at all. There's a very good reason that, at least in the US, you're warned: "Anything you say can and will be used _against_ you in a court of law". _Anything you say._ So don't say anything. It's a LOT harder to do than it sounds, the situation, the pressure, your nerves, your sense that justice is on your side, your belief in the legal system, your desire to help people, your brain will be screaming out "Just tell them!" Just don't. Not without a lawyer. And even then try to speak evenly and strictly to the point. Because, and I have experienced this first hand, when the court hears your statements, they won't hear your voice repeating them; it will be an officer of the court or a prosecutor, and syntax can be everything. The first time I read back over a statement I'd made I didn't even recognise the words as mine. It's amazing how much the omission of a few commas and the insertion of a full stop where one shouldn't be can change the tone, if not the entire meaning, behind something you've said! Then simply extract a few of these reconstructed sentences for the official brief and THIS is what the relevant Justice will read before the trial begins. I sounded like a thug, and, worse, apparently admitted to one of the charges! "I'm not sure that's correct?" can easily become "Sure, that's correct!" Syntax, it's a bitch. Don't say anything. Don't say anything at all.
If an officer is trying to search your home, they don't have to have a search warrant with them. If they say they have a warrant ir are getting a warrant, and you dont want to consent, you can reapond by saying, "I am jot consenting to a search." You may want to add,, "I will not ibstruct you if you believe you have the authority to search, but I am not consenting to it." The key is to make it clear that there is no consent. The burden is on the government to prove that a search is lawful.
I found the hardest part about being interrogated was my human instinct to not seem like an asshole. I have mostly been interrogated on the phone, but it is just so hard to hang up on a police officer. You can keep saying you didn't do something, and you have nothing else to say, and they will still keep coming at you.
Lawyer up! I'm glad to see so many comments all saying the same thing because that is _exactly_ the right thing to do. Say nothing, other than "I want a lawyer."
Simon.. when did this kinda information become a Sideproject? Have you been researching up to anticipate fallout from the whole “writers in the basement thing” ? Or is this related to something even more devious -and interesting ? lol
If you've ever watched the A&E series, "The First 48," you'll realize that the show should be called, "Never Talk Without An Attorney." BAFFLING how many folks think they can handle an interrogation by professionals on their own.
After reading dozens of comments, i think most people live in areas with very jaded police. I have never has any interaction with police (RCMP rural detachments) that wasn't totally professional and proper. I have been questioned twice, once guilty, once not. I was treated very well both times.
"I request to speak to my lawyer or someone who can get me one." "I'm thirsty." "I'm hungry." "I need to use the restroom." These are the only things that you need to say after having had your rights read to you, or after you have said, "I invoke my 5th Amendment right to be silent." Everything else is fodder for court. If you so desire, "I don't answer questions," is also a good answer to any question asked of you. Just be sure that you don't say anything other than that.
Despite all the great cops and lawyers in TV shows and movies. their goal is NOT to find the truth of what happened, get "justice", or even actually solve the case, It's to CLOSE (for police) and WIN (for prosecutors/District Attorneys/Crown Attorneys) the case. Never forget that. That's how innocent people end up being convicted of crimes they never committed. The second you're being questioned as a suspect, no matter how innocent you think you are, SHUT UP AND LAWYER UP!
I was in NYC when they had Stop and Frisk laws. I was stopped under that law and used both feigning complete ignorance and complete honesty to get out of it. They never frisked me. I was wearing what a country song would refer to as "painted on jeans" and a shirt that hid absolutely nothing, so I basically convinced them they didn't have to frisk me while saying I had nothing to hide. (I absolutely did though). Other times I was on the innocent end. Like I found a phone someone had stolen and dumped in my recycle bin. I got it returned to the owner by calling their mom and explainingg I found the phone. They called the cops who I then had to tell the whole story to. Never had anything else happen. Or I was the victim. That's a completely different situation.
I have a law degree and work for the police (not as a cop) in my local jurisdiction. I can tell you now id wouldnt be saying anything if questioned. The interview training and development unit is in my area and they are very, very good at their jobs.
Having been in interrogation a number of times myself, and having worked with police for years, it is very, very easy. Do not speak to police without recording them. Offer them no information. Refuse to talk to them without your lawyer present.
There is a man in prison for murder today, who demanded a lawyer 4 times, who only confessed because the cop said we'll arrest your daughter and charge her accessory after the fact. The only evidence they have was he drove by the victims car on his way to take his daughter to work.
One thing I might add: be careful of appearing too intelligent in front of cops. My dad was once checking in at LAX airport and he is a professor of Asian studies in political science, the men in front of him were wearing ill fitting suits, presented diplomatic passports and spoke Korean with a Northern accent. The men then left their briefcases at the check-in desk before moving on. When my dad was next in line he quietly pointed out to the staff that the "two North Korean gentlemen seem to have left their briefcases behind" - causing the entire area to be locked down, armed agents storming the place and detaining both my dad and the North Koreans. There was nothing suspicious in the briefcases but my dad was questioned by highly suspicious agents about how he knew they were North Koreans, after he explained and presented his credentials with a web search they let him go immediately but said he gave them quite a scare. This was just a couple of years after 9-11
Would you like to pop in for a quick chat? "With a lawyer." Would you mind taking a polygraph? "Court Ordered" The Warrant Is On It's Way. "Slip it under the door when it gets here." What do you know about ... NOTHING ... where's my lawyer?
Remember, if they are asking you questions they don't have enough evidence to cuff you! "I don't know what you're talking about" is the only response to give them! Also a warrant for a person that may or may not be in your house (even if the the person with the warrant lives there) does not give them grounds to enter said house! Only with a search warrant can they enter a home.
If you choose to stay silent, *stay silent* Example: if they ask you if you'd like a water, nod. Do NOT say, "yes." Clam up and stay clammed up. The police can be--legally--very sneaky about this stuff.
Do you agree that this multi tool could be used as a weapon if X (hypothetical scenario)? Say yes and you have admitted to carrying weapons when you did no such thing. Real example from the UK.
There must be more to it than that. If the phrasing you've used is exactly accurate, it wouldn't work as evidence anywhere. "Could a weapon be used as a weapon?" - if the police had a bad day, they could refuse to stop the process based on that, but even that without other evidence would get them in trouble, if reviewed.
@@ApothecaryTerryThere really isn't and it's an incredibly common line of questioning. Seen it multiple times and heard about it more. Never admit that your tools are anything other than a tool. Once you verbally accept that your tool COULD be used as a weapon in a hypothetical context, you are fucked and open for potential prosecution.
As a four time convicted felon, I've had my share of interrogation, but as soon as I know that the cop lies, I know that they don't know what is going on. My name is Bicycle Bob and I approved this message.
@@michaelcordes True. But that would be rather silly, and make a bad situation worse. Always get a solicitor and take their advice if you should talk or not.
@@BadgerBob in my younger years i was detained on numerous trumped up charges solicitors told me to go down the no comment route which always resulted in a court appearance. when i refused to be interviewed i'd get a visit from the custody Sargent. they police would then go back to the can't prosecute service and say he wouldn't let us interview him. at that point they knew they would actually have to do some work and after 24 hours i would be released with no further action. none of my arrests would be what i call serious charges so it worked best for ne. I'm not giving legal advice just speaking from experience.
There is only 1 thing to do when the police wants to talk with you - ask for a lawyer and use your right to remain silent. That is the short version and the only thing required to know.
Today with camera's everywhere a suspect is/looks beaten(swollen deformed face): defendant: you see your honor The cop beat me into confessing. Judge: not guilty. Before camera's everywhere: cop: he fell Before he confessed. Judge: guilty.
One cop on ID got around it when he told a guy who was following advice to not talk to the police by telling the suspect: “Your defense lawyer won’t be serving time! You will!” It thoroughly disgusted me that the cop pitted this guy against his own lawyer! Do not fall for any crap like that!
And they are NOT miranda rights, the Miranda decision affirmed the rights Guaranteed by the 5th Amendment, notably the Right to Remain Silent (which now has to be Verbally invoked, clearly and unambiguously...aka I am remaining SILENT 😶
Never, ever, ever, speak to the police without a lawyer present. Every one of these points comes down to that. Comply with police orders. Provide identification when asked. Do not utter a single word. Never talk to the cops. Never. Ever.
I've been living in Japan for about 20 years... And Japan has about a 99% conviction rate. Annnnd I got involved in a fight with a couple wannbe motorcycle gangsters. Emphasis on "wannabe" because they called the police on me. Aside from not clearly remembering or misremembering the series of events that happened, I waived my right to an attorney or to remain silent because I knew I was guilty of throwing the first punch, subsequent punches, and other things that happened during the incident. Remember, Japan has a very high conviction rate. They wouldn't've come to my house at 6 am with a warrant 3-weeks after the incident if they didn't have enough evidence. All aside, the section about joking... One of the funny (not funny!) things the detective kept telling me was that he sees me as a "good guy." And each time I chuckled and responded with something like, "Yeah... I try to be, but I still got into a fight." Or something similar to that. I'm still waiting for the magistrate to look over the case and ascertain what my penalty should be. Wish me luck!
What happens if you choose to have them provide an attorney? Could you then be incarcerated for hours or days while waiting for the rep? Can you trust their attorney? Will this be recorded? Will you have access to the recording? How to notify an outside person of your arrest?
Of course this assumes that you have all the same rights in other countries. People in Japan confess because the option of being in prison for *years* while waiting for a possible conviction that would only require *months*. Their conviction rate is about 98%
ask for a lawyer, say nothing else, touch nothing, don't sign anything. Innocent people go to jail all the time, don't talk to them without a lawyer present.
Police are entitled to your name and the address on your driver’s license or ID. That’s it. Do not speak to them otherwise. Innocent, guilty or confused -Ask for a lawyer. I don’t care what the situation is. Jaywalking? Lawyer. Littering? Lawyer. Traffic stop? Drivers license, insurance, registration then ask for a lawyer. DO NOT TALK TO POLICE!
You might be going a bit overboard. In a situation where you are receiving a citation you might need to provide a phone number or similar innocuous information. I agree that you don’t have to converse with an officer, but not providing non incriminating information such as a phone number is a fast way to turn a simple ticket into an arrest.
@@tonybradley3409 There’s plenty of people in jail/prison that thought they were giving the police “non-incriminating” information. If a cop chooses to arrest a person for refusing to give a phone number then that’s more of a reason not to trust said cop. I’m not obligated to give a cop my phone number. Citation or otherwise. They have the address on my license and so can mail me any necessary documents. If said cop chooses to arrest me then I’ll see him in traffic/criminal court and later in civil court when I sue.
If I ever find myself in an interrogation room. I've listened to enough Casual Criminalist episodes to know, Lawyer up!!!! Even if you're innocent or even a witness. Get that effing lawyer in that room with you no matter what! Even if it takes 5 hours. As Simon Says "Lawyer lawyer lawyer!!!" And I'm deadly serious on this one. Never ever ever go toe to toe with the police without legal.
Another one, don't sign anything. I was told "just sign this and you won't have to go to court and you won't even get a fine". I didn't even get a chance to read it, so I don't know what it was. The case was heard in my absence and I got sent a $300 fine :/ So I suppose I was waiving my right to be there.
Go to surfshark.com/SIDEPROJECTS for 4 extra months of Surfshark at an unbeatable price!
I was once called in to the police station because they were told I was a witness to a crime. I wasn't, but that's another story. In short, I did know the person who committed the crime, and they were.... shall we say.... shady.
Yes, the police tried several tactics. They started with asking how I knew the guy. How long did I know the guy. Were we friends and so forth. I swore to myself when I drove to the station that I was not answering a single question. I had to demand an attorney SIX TIMES before they finally gave up and stopped trying to ask me questions. I literally had to repeat, "I do not answer questions without an attorney present" over and over.
When a public defender finally showed up, I told them about having to ask for them that many times. Holy cow!! The attorney lost her mind. She jumped to her feet, stormed out of the room, and I could hear her yelling from down the hall. A few minutes later, an officer came into the room. All he said was, "You're free to go," and he left the room.
Never, I mean NEVER, talk to the police without an attorney present. Even if you are called in as a witness, HAVE AN ATTORNEY!!!
Also state that pursuant to the 5th Amendment I will not answer any questions and other then demand the presence of an attorney and then remain silent.
I'll add onto this: not every public defender is 100% invested in you. I've seen several people, including 3 cases I testified for the defense, get convicted with a public defender. When you live in a town of 6,000 most of your life, you know just about everybody at some point. I can safely say at least 1 was innocent for certain, possibly 1 other.
A public defender gets paid the same amount no matter what the outcome. Some don't even try to defend their client. Usually, it's old men that are past their prime - one where I lived used to come into where I worked drunk by 1730 (5:30 pm in the U.S.).
For questioning, like above, perfectly fine. If you're the suspect, get one as a placeholder until you can afford counsel, get a pro bono attorney, or ask around which public defender actually will fight for you.
I bet you live in Europe or the UK
@@MurdokLambert if you mean me, no. I live in the States
I have twice been interviewed by police after witnessing things (a drunk driver crashing into the light post outside the pub, and a bag snatcher stealing the handbag of a woman dropping a child off at school)
And I have learnt I'm a useless witness. I don't recall colours of cars (but I got the make and model right) and I can't recall names of people in chatting with during school drop off
Basically take your own arrogance, ego and hubris out of the equation. Say nothing beyond asking for a lawyer
Absolutely.
The deck installed in the favor of the cops, they can and will use anything younsay against you, they can lie their asses off and never get in trouble for it. Best thing to do (as already stated) is to request a lawyer and don't say anything else to them about anything.
I agree, but I also want to point out that the police can absolutely get in trouble for something they do or say during your interrogation. However, it's unlikely they will be held accountable unless you have representation present.
Wrong. If you're not honest and helpful with the police, then they can't help you, which is the only thing they want to do. Trust them. They're always truthful about your options.
@@penultimateh766 The police are not there to "help" you, nor is it "the only thing they want to do." The only thing they want to do is close the case. I'm guessing you're either a kid, a cop, or you have a cop in the family.
I want a lawyer.
Ya that should be options 1-5. Stop self-snitchin.
Yeah, it's really not that complicated. No point in watching this video
Actually avoid all ambiguity and say nothing other than “I want to speak with a lawyer now.” (And EXACTLY that). Police will pull all kinds of shit and I have absolutely seen them NOT stop an interrogation because someone said “I think I want a lawyer now.”
Tell them EXACTLY what you want and then shut your mouth no matter what.
This is per the advice of MY lawyer. Just ya know, not pulling it out of my ass or anything 😂
Lawyers only want you for your money.
Great, let them get you on tape being uncooperative and demanding your mouthpiece. That will look super for the jury.
I always keep a sound byte of Simon screaming LAWYER LAWYER LAWYER repeatedly from Casual Criminalist handy for those pesky situations where I get taken in for questioning.
@@Varizen87 LMAO, have there been many of those pesky situations??? Or are you still waiting for the first 😂
@@gregorymeyer1798 I choose to remain silent. Please listen to this sound byte from one of my favorite UA-camrs in the mean time.
Lol, this and basically getting his notebook out with the all the rules!
No matter how friendly they seem, say nothing without a lawyer. Especially in a high stress situation. You may not remember things precisely, and it will be used against you in a court of law later.
They are not trying to help you. They're helping you be incarcerated faster.
@@michaelpipkin9942because we have that yummy for profit prison system babyyyyyy
And hey they might actually be well intentioned, genuinely friendly officers, but you can never take that for granted and the right to representation is there for a reason so always use it.
@brianb160 if you are being questioned, they are most definitely not friendly, no matter what tone they use. Like Simon points out, they are doing their job, and part of that job is to lul you into a false sense of security.
They still use the "good cop bad cop" tactic, but the "good cop" isn't so good, they are just trying to draw a response out of you by being "nice" 😂
What to do when being questioned by cops:
Ask for a/your lawyer, say that you won't answer any questions until legal counsel has arrived and then STFU.
They even tell you the most important one right at the beginning.
"You have the RIGHT to remain silent"
And some choose to ignore that right and just scream brutality or that they will sue the police for basically nothing
Except when they don't. They tell you when they move to arrest you, when they already have enough info they are comfortable with moving the case forward. Only then they are obligated to. When they tell you your rights, you've already dug yourself into a hole.
When they are just ask you to come in for an informal discussion to clear some things up and you can leave any time, they won't notify you about your rights and you should show up with a lawyer. They aren't obligated to tell you why they are summoning you (they can lie about it), but they have to tell it to your lawyer. Whatever you have to say, you can say it through your lawyer. If you say it, it's evidence, if the lawyer, it's hearsay and hearsay is inadmissible.
@@azminek7154 and you are under NO obligation to answer anything they ask, at ANY time. Before or after you are in the back of the car. You can 100% choose to not identify, or respond at all. Yes, you will get taken in, and as soon as you do, SHUT THE HELL UP AND DEMAND YOUR LAWYER
Cops don't tell you that you have the right to remain silent until you're arrested. If they just want background info and they aren't interested in you as a suspect they aren't going to tell you the Miranda Rights.
@@azminek7154 Well actually the hearsay exception statement against interest would apply except for the fact in this case it is your lawyer. They can't call your lawyer to testify against you (attorney client privilege) so there is no way they can force them to testify as to where they acquired this information and thus cannot prove that you made a statement against interest even if it did turn out that something passed through them later connected to other evidence and would have been useful against you. Any attempt to establish that you were the source of that information would result in your attorney being able to claim privilege and decline to testify on the matter and to count as a statement against interest and qualify for the exception they need to have a witness testify to you personally saying it or at least authenticate a recording or whatever.
In 1991 I was arrested for a very serious crime which I didn’t commit (unanimously acquitted in crown court and even praised by the judge) and was given the ‘good cop/bad cop’ treatment.
The good cop ‘just wanted to sort it all out’ and offered me cups of tea.
The bad cop insulted me, humiliated me, and even threatened me with physical violence.
Crown court ...
Cups of _tea_ ...
Tell me you're British without saying, "I'm British."
@ - 👍How could you tell?🇬🇧
@@libertarianesque8645 I am Canadian, none of that sounded unusual. I like tea, but I bet police office tea would be very awful. I would request a nice cold G&T instead.
@@Rancid-Jane I'd expect it's coffee in most places here in Canada - but the crown part was definitely sounding UK or Canada at first.
"I want my lawyer." A simple phrase that will save a lot for you.
Noone has a stand by solicitor in uk unless they are either related to someone who is one or you have been in this situation repeatedly before which would by itself suggest guilt.
There's exactly **ONE** thing you should do when talking to the police: **DON'T**. Demand a lawyer and shut your mouth.
Lots to hide, have you?
I have nothing to hide, but supporting law enforcement and being concerned about your own rights are not mutually exclusive
@@penultimateh766 It doesn't matter if you have nothing to hide. Their job is to get convictions, not to solve crimes. There's a reason they're legally obligated to tell you that "anything you say will be used against you." They get paid the same whether the guy they lock up is innocent or guilty. Why would you want you want to go to prison for a crime you didn't commit? Unless you're homeless in winter it makes no sense.
@@penultimateh766You really love the taste of shoe leather.
@@penultimateh766 🥾 👅
At that point I had the right to remain silent, but I didn't have the ability. - Ron White
"THEY CALL ME TATER"-RON WHITE
I'm a law student, and they tell us that even after we're barred and practicing attorneys we should always have counsel if we're being questioned.
The lawyer who represents himself has a fool for a client.
A couple of years back I attended a course on how to deal with police questioning. The course leader said "Do not talk to a police officer without an attorney present" He said that ONE HUNDRED times, then he packed up his stuff and left. For years afterwards, and up till today, you can ask anyone who attended that course, and ask what they learned and remembered from that course. You take a guess.
1. Am I under arrest
If yes,
1a. I'm exercising my right to remain silent.
If no,
1b. I'm leaving
2. I would like to speak to an attorney before being questioned
I have been preaching these tenets for twenty years! Your writers are SPOT ON!!!!!!!
Had to wait the entire vid for him to say the thing, lol. marginally surprised the entire video wasn't just a clip compilation from CC of "Lawyer Lawyer Lawyer"
And hopping up an down on the chair lol
Well, he does count up to the number 1 thing.
General rule of thumb: 1) Don't indulge discretionary information without a lawyer present. 2) Try to document the interaction presently or afterwards. 3) Deny any searches or seizures of you or your belongings, if the officer presses or threatens you with arrest for failure to comply then state that under duress you will not resist any searches or seizures but that you do not consent to them either. 4) Don't escalate any interaction, always comply even with an illegal request if the officer threatens arrest (as long as it's relatively reasonable) but voice your concerns over the illegality of said request. 5) Ask for their body camera to be turned on (if they have one) and ask for a supervisor to be dispatched if the situation is escalatory or the officers request illegal. 6) In The USA a traffic stop cannot be unreasonably prolonged for a K9 to come out for evidence gathering. 7) If an officer ever tries any dirty tricks like saying "I smell marijuana" either don't engage with the subject matter or refute it. 8) Officers can lie and they do so all the time, never answer as if the cop is telling the truth, answer only with necessary information. 9) Be nice, relaxed and coherent, this'll go a long way in dispelling any nerves or suspicion. 10) Suspicion is not a crime and if you are being investigated for suspicion then simply ask if you're being detained or not, if you are not then do whatever you were doing before, if you are being detained then ask for clarification and follow the aforementioned guidelines.
(I'm not a lawyer, this is not legal advice, jurisdictions differ from states, countries and special legal zones)
The general rule of thumb is to be coherent, cordial and relaxed, never indulge unnecessarily information, always ask for information and clarification, i.e. Am I being detained? What's your police identification? Is your body camera on? Did you get my speed on a traffic gun? (They can lie about this fyi and they can typically lie about the other stuff although it's usually against department policy) Never escalate, cooperate but don't necessarily consent and ask for a lawyer if being arrested or questioned.
@@Betweoxwitegan Great advice to do yourself over if you do this outside of the US.
As an addition, know whether your jurisdiction is a stop and identify one or not.
Always get name and badge number.
Always record no matter what, even IF the police take it as escalation. Good cops don’t care about you filming, dirty cops do. The Supreme Court has stated that it is within our rights to record not only interactions with police, but also anywhere in public where there is no expectation of privacy.
Keep in mind whether the cop initiated contact with you or vice versa.
NEVER let police into your home without a search warrant being given to you and you having the time to verify ALL information within said warrant. Even the wrong date being listed invalidated it and they must list exactly WHAT and WHERE the warrant is valid for. If they ASK to come in, say no thank you.
Know and understand what a terry stop is.
Dont pull any of that sovereign citizen shit because there’s nothing a cop hates more.
Even spitting on a cop is considered battery of a LEO, so like the above said, maintain your cool. Cops LOVE to use battery on a LEO and resisting as extra charges or just as the reason to bring you in.
Assume ACAB from the jump bc too many are corrupt, immunity is bullshit and not only do they protect each other, their unions savagely protect them even when they commit crimes. There are good ones but never assume you’ve got one.
Thanks for coming to my TED talk.
@@Aaa-t5xhomie OG literally said that things differ in jurisdictions and other countries. So what’s the point of your comment? To show you don’t have reading retention?
@Aaa-t5x If you live outside of a "democratic" and "developed" society then yeah but this information largely works for The UK as well (American and British legal frameworks are pretty similar obviously) there were one or two parts which I said "In The USA" and I referenced it by saying that the information may not be subject to your jurisdiction.
Obviously acting in the best manner as to not potentially incriminate yourself in police interactions is quite robotic and unnatural which can cause frustration or suspicion on the officers part however these should be irrelevant as to your legal standing, that's why it's recommended to act in this manner, it may make the officers job more difficult but it best protects you.
Like generally this information applies to most developed anglicised countries that I know of, The US, Canada, Australia, The UK, Ireland.
Look you can act more casually and naturally in a police interaction if you want but it's probably more likely to get you a ticket. It's not really a concern for most people anyway apart from avoiding the odd traffic ticket but when/if it is useful you wish you had it.
@@Spooky_Platypus *reading comprehension
You'll also note that this was placed at the bottom of his EDITED comment.
Standard yank.
I was once questioned by the police regarding a false allegation made against me. Considering that I was innocent, I didn’t think I needed a lawyer (also I couldn’t afford one). The police lied to my face, which threw me off, and in hindsight made me look guilty.
Do not EVER talk to the police without a lawyer. Even-and especially-if you’re innocent
About 14:24: And be precise! One dude said he wanted a "lawyer, dog" and the police claimed in appeals that they thought he'd said a "lawyer dog" and since those don't exist, he didn't get one. The court agreed with the cops...
So they pick-and-choose what to take too literally and when to "read between the lines" when it suits their convenience? I really shouldn't be surprised, but them doing it to such a degree is just absurd. An appeal for a retrial should have been made if he was found guilty.
Seriously guys take the last one seriously. I was once invited down to the station for a chat to clear up some loose ends. Before the interview one of the cops convinced me that I wouldn't need a solicitor present and then pointed out in the interview that I had wavered the right to legal representation. I'm still living with the repercussions of the interview today, many years later.
Hearing about the 'Never tell jokes during a police interrogation' is one that I didn't know and that'd be the main problem with me, because I'd try and lighten the mood by making a bit of a wisecrack and it'd blow up in my face.
"The fine ladies and gentlemen of the law." That's a good one, Simon. I've been laughing for a few minutes now.
Many of my closest friends are attorneys and they all say the same thing: “The only thing you should ever say to police if they want to ask you questions is ‘I’m more than happy to cooperate as soon as my attorney arrives.” Once you say that exact phrase, shut the fuq up until they get there.
Will they wait even if the nearest lawyer is hundreds of kilometres away?
@@Rancid-Jane unless they have cause to take you in, they have to. And even if/ when they take you in, you are still under no obligations to say anything besides "I want my lawyer immediately"
@@Rancid-Jane They can certainly continue the interrogation, but it will be inadmissible in court if they use any information. But then again, once you've requested a lawyer, continue exercising your fifth amendment protection against self-incrimination and stay silent and they can't get information from you. That's not to say they won't try to talk to you (maybe going buddy-buddy to make it seem like casual conversation more than an interrogation), but you can repeat your need for an attorney or just not talk.
@@Rancid-Janeif you don’t speak they have no recourse but to wait until your attorney arrives. They can detain you for a period but have to release you if they do not evidence to charge you with a crime. How long varies by jurisdiction but it might be a couple hours or a couple days. Chances are if they had sufficient evidence to arrest you, they would have already done so. So just wait them out. In silence. Or repeat “I want my attorney” as every answer.
@@Rancid-Jane The chances of this happening are slim to none
They'll try everything to jam you up or get you 'just talking', some people cannot shut up so one trick I read of long ago that actually works: tell them you want a lawyer and stop talking. After that, focus your eyes on something across the room, and just silently sing a song in your head, or count to 100 and start again, it keeps you from slipping up if you are prone to babbling, tunes them out, and relieves stress.
I read an article by a lawyer who talked about some of the absurd things police get away with. He said to always make sure and be totally clear about wanting a lawyer, because they will (and have) used any level of ambiguity to deny people's right to counsel. In one instance, during questioning, a person said, _"I think I want a lawyer."_ The officers ignored them and kept asking questions. When it was brought up to a judge, the officers stated that they figured he was just thinking out loud and claimed they didn't know he really wanted a lawyer, and the judge accepted this ridiculous claim. He suggested always equivocally stating _"I want a lawyer"_ so they there's no room for them to claim any misunderstanding.
A great refresher on what and (mostly) what not to do, when questioned by police in the US.
A couple of things to consider...
* You don't know about the law. People on the internet don't know about the law. People have this romantic notion about the law, that it is about justice and such. It isn't. It's a usually ambiguously written set of rules, which can be interpreted in different ways. And if you live in a jurisdiction that uses precedent, like England or the USA, there are those to consider as well.
* Interviewing people is literally in the job description of the police. They're professionals. They get performance reviews like everybody else. The chances of you being better at police work than the police are, shall we say, not great. It's like watching a video of the Olympics, and deciding that you know enough to take on Usain Bolt.
* Many police are not very nice people. The job attracts a disproportionate amount of bullies. Keep in mind that they're not your friends, and distrust them as a matter of principle. They will happily lie under oath in court.
Another common Police Myth is that it's their job to help you / protect the public. There's a lot of legal precedent in US law (in particular Castle Rock v Gonzales) that the police have no obligation to enforce the law or to protect the rights of the public.
Then what are the police for?
Completely agree that #5 is the most important. Every bit of research I've done through YT tells me there are only 2 ways to handle the police asking you for an interview. #1 Don't. #2 If that isn't an option, the only thing you say is I want a lawyer.
can't remember who they were, but these 2 lawyers' advice was "it's shut the fk up Friday. Don't say a thing and get a lawyer".
Also hope you don't actually get arrested on a Friday! 😲
That's Craig and Marc, Pot Brothers at Law! They have a UA-cam channel and their videos are fun
"you have the right to remain silent. Anything you say can and will be used against you. You have a right to an attorney before, during and after questioning. If you cannot afford an attorney one will be provided to you free of charge. Do you understand these rights as I have read them to you"
and yet so many people fail to heed the Miranda warning. Even if you want to confess and admit to a crime you actually did, you should ALWAYS get an attorney before answering any questions or making any statements. The reason is to make sure you aren't railroaded for any crimes they may think are related for which you are not actually guilty of, the other is they may be stepping up the charges in order to put pressure on you and without an attorney to make sure you get fair treatment the prosecutors have absolutely no incentive to lower the charges.
All that Miranda stuff only applies in the USA
I was arrested for a misdemeanor offence, so a crime and not a violation, an was not Mirandized. They had some nonsense technicality where they said they didn't have to because the arrest was under alcohol control law and not criminal law. I still question how valid it was. In the end I was acquitted as literally I was arrested for standing doing nothing near where they were serving alcohol without a license at a college party, they tried to implicate me as a party to it, and had nothing on me because I wasn't. But either way I spent the night in a holding cell and had to spend a lot of money on a lawyer to get out of it, and I don't even feel like the rinky dink small town cops even did their jobs properly. They also planted drugs on one of the others and tried to ramp up charges on him, but said they would drop them if he blew in others. Disgraceful. And I am a pro law enforcement person, I have lots of friends and family in law enforcement. My landlord at the time was a cop (in a different jurisdiction). Even he told me what a joke the village PD was there and to be careful with them.
This might be correct in the US, but it’s certainly not true in the UK. Lying about evidence is a breach of PACE.
Oh, but they get around that with the hypothetical question. "What would you say if we had you on CCTV stealing the drugs?" Or, "Would you be surprised to hear that we have a witness that puts you at the scene of the crime?" How about, "You do know that the telephone exchange overlooks the scene of the crime. Someone looking out of the window could clearly see what you were doing."
@ That would still be a breach of PACE, you can’t lie or mislead. It’s all recorded, the defence would just get it rejected, and they police wouldn’t gain anything from it.
In the USA an officer cannot enter without a warrant unless absolute exogent circumstances exist, or unless the homeowner lets them in (which you should NEVER do), a cop should NEVER claim they own the house when they unlawfully enter a property (this was done recently and the cop was fired and the cop and city are facing a huge lawsuit)
*exigent
I was once 'detained' (not long) because I matched the description of a burglar at a store 70 km away, 30 minutes ago. I was walking along the side of the road, backpack and camo coat. A truck skidded to a halt in front of me, and another behind me; an officer exited each truck, hand on gun, and asked if I might 'have a chat' in the back of the truck. I said "sure, I guess." He asked if I had anything he might stick himself on; I said "yeah a couple of knives..." (just trying to seem less threatening...) I had 2 six-inch knives and a machete on me. They thankfully didn't make a big deal out of it, and drove me home after I managed to politely convince them that I couldn't have traveled that distance so quickly.
I think they treated me decently, but the stress of the situation makes you stupid.
There is only one thing to say "I'm complying with your directions and I will need a lawyer before I answer any questions." Then don't speak at all until your lawyer is there.
I wholesale expected the end card to link to Simon's video about the Reid Technique
Is that a video on this channel or another one?
Edit: never mind, I found my answer
The cops are trained in interrogation, you (probably) aren't. They could make you admit you were Sadam Hussein's right hand person if you are under enough stress.. Which is why torture doesn't really work.
Don't write down your crimes?
ALLEGEDLY AM I RIGHT PETER?
It states on the met police website, police do have to identify themselves with shoulder numbers or warrant cards.
Even plain clothes officer must identify themselves when arresting you in the uk.
@@jayb3832 This video is about the US police. Only thing relevant to the UK is that it’s a good idea to have a solicitor.
in the uk the police and criminal evidence act (1984) makes it illegal to mislead a suspect.
I work in a very peculiar and particular environment...I literally yelled one day " if the cops ask you questions do you just answer?" I heard a reply of " am I under arrest? ... Then I refuse to answer any questions and I would like a lawyer"
The best advice I ever got from a lawyer in regards to interrogation interviews was to just shut up, you have no reason to answer any questions they ask and they have no way to force a response.
Plenty of people have said this already, but once more won't hurt. *THERE IS NOTHING THAT YOU CAN SAY THAT WILL BENEFIT YOUR SITUATION, SO DON'T SAY ANYTHING!* And this holds for if you're guilty or not, if you know anything or not, and if you feel nervous or not. Anything that you say, anything at all, can potentially harm your situation, and so it just makes sense not to say anything at all. There's a very good reason that, at least in the US, you're warned: "Anything you say can and will be used _against_ you in a court of law". _Anything you say._ So don't say anything. It's a LOT harder to do than it sounds, the situation, the pressure, your nerves, your sense that justice is on your side, your belief in the legal system, your desire to help people, your brain will be screaming out "Just tell them!" Just don't. Not without a lawyer. And even then try to speak evenly and strictly to the point. Because, and I have experienced this first hand, when the court hears your statements, they won't hear your voice repeating them; it will be an officer of the court or a prosecutor, and syntax can be everything. The first time I read back over a statement I'd made I didn't even recognise the words as mine. It's amazing how much the omission of a few commas and the insertion of a full stop where one shouldn't be can change the tone, if not the entire meaning, behind something you've said! Then simply extract a few of these reconstructed sentences for the official brief and THIS is what the relevant Justice will read before the trial begins. I sounded like a thug, and, worse, apparently admitted to one of the charges! "I'm not sure that's correct?" can easily become "Sure, that's correct!" Syntax, it's a bitch. Don't say anything. Don't say anything at all.
If an officer is trying to search your home, they don't have to have a search warrant with them. If they say they have a warrant ir are getting a warrant, and you dont want to consent, you can reapond by saying, "I am jot consenting to a search." You may want to add,, "I will not ibstruct you if you believe you have the authority to search, but I am not consenting to it." The key is to make it clear that there is no consent.
The burden is on the government to prove that a search is lawful.
1. Answer questions
2. Answer questions
You get the point
Just remember, the "nice" police officer is _not_ your friend
I found the hardest part about being interrogated was my human instinct to not seem like an asshole. I have mostly been interrogated on the phone, but it is just so hard to hang up on a police officer. You can keep saying you didn't do something, and you have nothing else to say, and they will still keep coming at you.
How exactly is it hard to hang up? Just push the call end button..... fairly straightforward
Lawyer up! I'm glad to see so many comments all saying the same thing because that is _exactly_ the right thing to do. Say nothing, other than "I want a lawyer."
Simon.. when did this kinda information become a Sideproject?
Have you been researching up to anticipate fallout from the whole “writers in the basement thing” ?
Or is this related to something even more devious -and interesting ?
lol
As Grandpa said : " The solution to many of life's problems is KYMS. (KYMS = Keep Your Mouth Shut.)
If you've ever watched the A&E series, "The First 48," you'll realize that the show should be called, "Never Talk Without An Attorney." BAFFLING how many folks think they can handle an interrogation by professionals on their own.
“I am invoking my right to remain silent and I will not speak without an attorney present.”
End of list.
I always carry a pendant of Saint Saul Goodman for this same exact reason🙏🦧
After reading dozens of comments, i think most people live in areas with very jaded police. I have never has any interaction with police (RCMP rural detachments) that wasn't totally professional and proper. I have been questioned twice, once guilty, once not. I was treated very well both times.
"I request to speak to my lawyer or someone who can get me one."
"I'm thirsty."
"I'm hungry."
"I need to use the restroom."
These are the only things that you need to say after having had your rights read to you, or after you have said, "I invoke my 5th Amendment right to be silent." Everything else is fodder for court.
If you so desire, "I don't answer questions," is also a good answer to any question asked of you. Just be sure that you don't say anything other than that.
Simply having a lawyer means you have someone who can say don't answer that ... and it does not make you look guilty
When dealing with the cops always lawyer up. Whether you guilty or not.
Despite all the great cops and lawyers in TV shows and movies. their goal is NOT to find the truth of what happened, get "justice", or even actually solve the case, It's to CLOSE (for police) and WIN (for prosecutors/District Attorneys/Crown Attorneys) the case. Never forget that. That's how innocent people end up being convicted of crimes they never committed. The second you're being questioned as a suspect, no matter how innocent you think you are, SHUT UP AND LAWYER UP!
If they ask you to go to the station just don't go. If you have to be there, theyre going to come get you. If they don't arrest you just ignore them.
I was in NYC when they had Stop and Frisk laws. I was stopped under that law and used both feigning complete ignorance and complete honesty to get out of it. They never frisked me. I was wearing what a country song would refer to as "painted on jeans" and a shirt that hid absolutely nothing, so I basically convinced them they didn't have to frisk me while saying I had nothing to hide. (I absolutely did though).
Other times I was on the innocent end. Like I found a phone someone had stolen and dumped in my recycle bin. I got it returned to the owner by calling their mom and explainingg I found the phone. They called the cops who I then had to tell the whole story to. Never had anything else happen.
Or I was the victim. That's a completely different situation.
My favorite thing is getting into a fight with someone and when cops show up we’re like “nah nobody’s fighting over here”
Video starts at 2:40
I have a law degree and work for the police (not as a cop) in my local jurisdiction. I can tell you now id wouldnt be saying anything if questioned. The interview training and development unit is in my area and they are very, very good at their jobs.
Having been in interrogation a number of times myself, and having worked with police for years, it is very, very easy. Do not speak to police without recording them. Offer them no information. Refuse to talk to them without your lawyer present.
The best reason for a lawyer is that if the lawyer says something stupid they can recant - if you do you can't.
There is a man in prison for murder today, who demanded a lawyer 4 times, who only confessed because the cop said we'll arrest your daughter and charge her accessory after the fact. The only evidence they have was he drove by the victims car on his way to take his daughter to work.
One thing I might add: be careful of appearing too intelligent in front of cops. My dad was once checking in at LAX airport and he is a professor of Asian studies in political science, the men in front of him were wearing ill fitting suits, presented diplomatic passports and spoke Korean with a Northern accent. The men then left their briefcases at the check-in desk before moving on. When my dad was next in line he quietly pointed out to the staff that the "two North Korean gentlemen seem to have left their briefcases behind" - causing the entire area to be locked down, armed agents storming the place and detaining both my dad and the North Koreans. There was nothing suspicious in the briefcases but my dad was questioned by highly suspicious agents about how he knew they were North Koreans, after he explained and presented his credentials with a web search they let him go immediately but said he gave them quite a scare. This was just a couple of years after 9-11
Would you like to pop in for a quick chat?
"With a lawyer."
Would you mind taking a polygraph?
"Court Ordered"
The Warrant Is On It's Way.
"Slip it under the door when it gets here."
What do you know about ...
NOTHING ... where's my lawyer?
This is American law. PACE covers interviews where lying by the investigating officer may be considered oppression.
Remember, if they are asking you questions they don't have enough evidence to cuff you! "I don't know what you're talking about" is the only response to give them!
Also a warrant for a person that may or may not be in your house (even if the the person with the warrant lives there) does not give them grounds to enter said house! Only with a search warrant can they enter a home.
I'm retired law enforcement and I don't know everything, always ask for a attorney.
If you choose to stay silent, *stay silent*
Example: if they ask you if you'd like a water, nod. Do NOT say, "yes."
Clam up and stay clammed up. The police can be--legally--very sneaky about this stuff.
Do you agree that this multi tool could be used as a weapon if X (hypothetical scenario)? Say yes and you have admitted to carrying weapons when you did no such thing. Real example from the UK.
There must be more to it than that. If the phrasing you've used is exactly accurate, it wouldn't work as evidence anywhere. "Could a weapon be used as a weapon?" - if the police had a bad day, they could refuse to stop the process based on that, but even that without other evidence would get them in trouble, if reviewed.
@@ApothecaryTerryThere really isn't and it's an incredibly common line of questioning. Seen it multiple times and heard about it more. Never admit that your tools are anything other than a tool. Once you verbally accept that your tool COULD be used as a weapon in a hypothetical context, you are fucked and open for potential prosecution.
As a four time convicted felon, I've had my share of interrogation, but as soon as I know that the cop lies, I know that they don't know what is going on. My name is Bicycle Bob and I approved this message.
I know simon is telling me i should always ask for a lwayer, but id like a lawyer present before i make any decisions.
Say nothing when questioned, but be careful how you do that too.
In the UK what you do is just flat out to refuse to be interviewed they can't force you.
@@michaelcordes True. But that would be rather silly, and make a bad situation worse. Always get a solicitor and take their advice if you should talk or not.
@@BadgerBob in my younger years i was detained on numerous trumped up charges solicitors told me to go down the no comment route which always resulted in a court appearance. when i refused to be interviewed i'd get a visit from the custody Sargent. they police would then go back to the can't prosecute service and say he wouldn't let us interview him. at that point they knew they would actually have to do some work and after 24 hours i would be released with no further action. none of my arrests would be what i call serious charges so it worked best for ne. I'm not giving legal advice just speaking from experience.
The cops are absolutely never your friend even if you are the victim of a crime
As a retired law enforcement officer I can guarantee you that police will lie, always assume they are lying.
There is only 1 thing to do when the police wants to talk with you - ask for a lawyer and use your right to remain silent.
That is the short version and the only thing required to know.
Today with camera's everywhere a suspect is/looks beaten(swollen deformed face): defendant: you see your honor The cop beat me into confessing. Judge: not guilty.
Before camera's everywhere: cop: he fell Before he confessed. Judge: guilty.
Lawyer up. Never speak without a lawyer.
One cop on ID got around it when he told a guy who was following advice to not talk to the police by telling the suspect: “Your defense lawyer won’t be serving time! You will!”
It thoroughly disgusted me that the cop pitted this guy against his own lawyer! Do not fall for any crap like that!
My favourite scene in the wire is where they get the lads to write a letter to the victims family.
And they are NOT miranda rights, the Miranda decision affirmed the rights Guaranteed by the 5th Amendment, notably the Right to Remain Silent (which now has to be Verbally invoked, clearly and unambiguously...aka I am remaining SILENT 😶
"I have the right to remain silent, and I want a lawyer!"
Even with a warrant, you should clarify that you do not consent to any searches so that cops remain within the warrant's bounds.
Never, ever, ever, speak to the police without a lawyer present. Every one of these points comes down to that. Comply with police orders. Provide identification when asked. Do not utter a single word. Never talk to the cops. Never. Ever.
I've been living in Japan for about 20 years... And Japan has about a 99% conviction rate. Annnnd I got involved in a fight with a couple wannbe motorcycle gangsters. Emphasis on "wannabe" because they called the police on me.
Aside from not clearly remembering or misremembering the series of events that happened, I waived my right to an attorney or to remain silent because I knew I was guilty of throwing the first punch, subsequent punches, and other things that happened during the incident. Remember, Japan has a very high conviction rate. They wouldn't've come to my house at 6 am with a warrant 3-weeks after the incident if they didn't have enough evidence. All aside, the section about joking... One of the funny (not funny!) things the detective kept telling me was that he sees me as a "good guy." And each time I chuckled and responded with something like, "Yeah... I try to be, but I still got into a fight." Or something similar to that. I'm still waiting for the magistrate to look over the case and ascertain what my penalty should be. Wish me luck!
Call the Lock Picking Lawyer.
Immediately.
What happens if you choose to have them provide an attorney? Could you then be incarcerated for hours or days while waiting for the rep? Can you trust their attorney? Will this be recorded? Will you have access to the recording? How to notify an outside person of your arrest?
Simon has already done a very long video on the jogger and the accused teenagers. It’s on The Casual Criminalist.
Of course this assumes that you have all the same rights in other countries. People in Japan confess because the option of being in prison for *years* while waiting for a possible conviction that would only require *months*. Their conviction rate is about 98%
ask for a lawyer, say nothing else, touch nothing, don't sign anything. Innocent people go to jail all the time, don't talk to them without a lawyer present.
Police are entitled to your name and the address on your driver’s license or ID. That’s it. Do not speak to them otherwise. Innocent, guilty or confused -Ask for a lawyer.
I don’t care what the situation is. Jaywalking? Lawyer. Littering? Lawyer. Traffic stop? Drivers license, insurance, registration then ask for a lawyer. DO NOT TALK TO POLICE!
You might be going a bit overboard. In a situation where you are receiving a citation you might need to provide a phone number or similar innocuous information. I agree that you don’t have to converse with an officer, but not providing non incriminating information such as a phone number is a fast way to turn a simple ticket into an arrest.
@@tonybradley3409 There’s plenty of people in jail/prison that thought they were giving the police “non-incriminating” information. If a cop chooses to arrest a person for refusing to give a phone number then that’s more of a reason not to trust said cop.
I’m not obligated to give a cop my phone number. Citation or otherwise. They have the address on my license and so can mail me any necessary documents. If said cop chooses to arrest me then I’ll see him in traffic/criminal court and later in civil court when I sue.
If I ever find myself in an interrogation room. I've listened to enough Casual Criminalist episodes to know, Lawyer up!!!! Even if you're innocent or even a witness.
Get that effing lawyer in that room with you no matter what! Even if it takes 5 hours. As Simon Says "Lawyer lawyer lawyer!!!"
And I'm deadly serious on this one. Never ever ever go toe to toe with the police without legal.
Another reason why its not a good idea to make jokes with the cops is few of them have a sense of humor !
Most of them do have a sense of humor, it’s just not the same sense as most civilians and when they are in work mode it doesn’t often work super well
I didn't know the police were allowed to be so sneaky! Definitely, Lawyer!
Another one, don't sign anything. I was told "just sign this and you won't have to go to court and you won't even get a fine". I didn't even get a chance to read it, so I don't know what it was. The case was heard in my absence and I got sent a $300 fine :/ So I suppose I was waiving my right to be there.