Brought back memories of a Police shooting in Australia at Hornsby where a female Police officer opened fire on a mental guy who escaped a psych hospital with a knife in a busy mall. Yep bullets fired and 3 innocent people were shot. Police confirmed Sourian (the knife man) did not stab anyone and the three bystanders were shot, who include an 82-year-old woman and 65-year-old woman, are in a stable condition in hospital.Footage from seconds after the shooting shows the female police officer apologising to one of the elderly women who had been shot. Remember this is gun free Australia and this shooting went VERY quiet after the event. The Police have magical powers after these shootings. Joe Public has nil magic powers.
I've read Prof. Duane's book and watched the videos. I've also heard Masaad's philosophy on this topic on multiple videos and read some of his material. I remain convinced that THE LESS YOU SAY TO POLICE THE BETTER OFF YOU ARE, all things considered. Yes, give them your name. Yes, tell them what you are lawfully doing there. *IF* you are involved in a shooting or other defensive scenario, tell them you felt you were in danger such that you acted to defend yourself, you want the other individual(s) arrested (if present), and that you will be happy to provide a statement and cooperate AFTER you have spoken with your attorney. It is not a good idea to answer unsolicited questions from police outside of these statements and perhaps pointing out witnesses.
I've been an NRA member for nearly four years. I received the NRA's gifts following both 2-year membership payments. I never got a single issue of any NRA magazine. In fact, I didn't even know there was a magazine until just now WTF?
I faced a domestic violence charge with an intoxicated ex. The cops at my door wanted to rough me up. I saw it in their eyes..Had I not told my side of the story, initially not believed, They would have cuffed me right then. However, a Sheriff cadet was jogging by at 3 am and saw that she fell out of a car with liquor bottles falling out. She face planted and he came by, told me to dial 911. Our stories matched and I was saved from big trouble. Thanks dude, whoever you are in the Martinez Sheriff Dept.
In other words, what you said meant jack shit, and you almost went to jail on a DV charge that would have robbed you of your right to keep and bear arms because you felt you had to defend your good name, instead of force them to follow the law. (Instead of criminally assault you as you say they seemed to want)
A statement, even a brief one, after something as traumatic as a self-defense shooting is bound to have errors. The best thing is to only give a statement after the shock and adrenaline has worn off and only with a lawyer present. Never give a statement right after shooting.
The thing that makes this topic so harrowing is that there are lifelong consequences for each action. Defend yourself, say the wrong thing, and prison may be your new home. Do nothing, and you or your family member might be buried. Then add in the anti gun prosecuters and DAs, and it only makes this minefield more deadly. Thank you for these videos, I bought the book you suggested. I pray I never have to use my gun. I also realize that carrying a CCW is not something you just do. There's so much more. Where are you, what's behind you, who's behind your line of fire...
I agree with what you said, but one point sticks out- "...anti-gun prosecutors and DAs..." That's why I live in a Red state, where my home is my castle, and it is a God-given right to defend myself, my family, and my possessions. That should be taken into consideration, too. Living in a gun-hating blue state will get an innocent homeowner jailed waaaaay before the criminal breaking into his house. Peace!
@NegativeROG I live in a state that goes both ways, red and blue. We have the castle doctrine, too. Just be mindful that criminal court is one thing, and civil court is another. One can still be sued via civil court wise, and that can be VERY costly as well.
@@NegativeROG I mostly agree with your main idea but do you seriously think because you live in a ' Red State" the DA/Police etc are going to pat you on the back, high 5 you and say "Nice shootin, Tex" and just let you split? No, of course not. Sure, your chances might be better of not being tossed in prison, but, it's still their job to find fault and prosecute. I'm guessing there are lots of people in your state that get sent to prison for shootings. Like I said, I agree that you're better off in Texas than Cali. Again, i'm not trying to trash talk you but it's just not a simple situation based on Rep or Demo state or your political leanings. God, let's both hope neither of us has to use the guns for anything other than hunting or training!
Say Little Approach: 911 call: name, location, “I was attacked”, “I was in fear for my/their life”, “I had to defend myself/them”, request police and ambulance. Responding officers: Same as above, adding: identification of any exculpatory witnesses/evidence, request medical attention for yourself, “I assert/invoke my right to silence and an attorney.” Investigators: Say nothing. Assert your rights to silence/attorney.
I would reconsider using the phrase "I was in fear for my life" check out a video that the Armed Attorney's did about using that phrase. I think it's in one of their speaking with the police videos.
In my very first carry class years ago, the state police detective said something similar with a bit of a variance. "There's been a shooting" not "I shot someone, I was afraid, etc". The dispatcher is trained to try to get you to say things on the recorded line that will be used against you - don't play into it. When police arrive, "I'd love to cooperate with your investigation and make a statement however first I'd like to consult with an attorney" FULL STOP.
@@rrtnps I was going to mention that phrase thinking to police it will make the same impression as "I cant breath" repeated at ever increasing volume or "I didnt do anything" .
Your 911 call approach already has a huge flaw. It cements your legal theory. If your defense decides a different legal theory would have been better to argue in court than the one sentence one you gave the police, it's too late, unless you want prosecution to ask why your reason changed. Better: Get someone to call the police for you, and if you have to call them, keep it vague. "There's been a shooting. Send help. Here's the address. Goodbye."
Sorry Mas, but you’re wrong here. Your arrested-then-released example? Much better to spend a day or two in jail than years in prison and a lifetime as a felon. There’s a reason the vast majority of defense attorneys - licensed professionals in the practice of law - say don’t talk to the police w/o counsel. At the very least you want a witness to ensure what you actually say is captured correctly.
That is correct. Defense attorneys generally say only give a one sentence statement saying the other person attacked you and that you had to use a weapon to defend yourself and that you need medical attention. After that hang that phone up because they will try to ask questions about how many rounds or what position you were in. Those types of questions are things they love to confuse people on just so they can make you a felon. Your attorney can get all that information out at a later time.
Problem is, most people will have a hard time composing such a brief statement well, and then resisting police pressure to continue interrogation. The best thing is to have *you're attorney* make a brief statement. I find it very hard to believe that your example case was represented by counsel, because an attorney would have already developed a narrative a spoken with investigators long before court
4:20 the stormtroopers are allowed to lie to you to get you to incriminate yourself - but if you make a mistake in your statement about a single thing you will be imprisoned for that
Yes sir, agree. I'm both a USCCA and NRA member and yes on the rear of my USCCA membership card it states the brief statement as follows... Comply: Follow all police instructions Explain: " I was attacked, feared for my life and had to defend myself". Identify: Point out evidence witnesses and attacker. Medical: Is request medical attention, if necessary. Silence: " I will cooperate 100%, but first I need my attorney". (Do not talk further without your lawyer present.)
@@LuisOrtiz-uj2veopinions vary and every situation is different and can play out several ways. Just know if you could have walked away from a scenario they will expose it. If you’re truly justified then you really won’t have to explain that there was no other choice. Don’t point it if you aren’t willing to destroy it because if and when it happens everything has already gone wrong. I understand why you are thinking what you are but not everything is always cut and dry. And in a liberal state you better be in the right.
@@LuisOrtiz-uj2ve "I was attacked (or my friend or neighbor was attacked) and *I was in fear for my (their) life* , and acted as necessary to defend my (their) life . This person attacked in THIS way for THIS reason . Here is evidence and the weapon used (SECURE WEAPONS from being "removed" from the scene) , there are the witnesses . I will FULLY cooperate , and I know you're only doing your job , but I will only say further with my attorney present . I now need an ambulance to go to the hospital . " _YOU_ *MUST* call 911 YOURSELF and MUST request POLICE _AND_ AN AMBULANCE for both YOURSELF _AND_ anyone who may have _sadly_ SURVIVED the shooting , and for ANY VICTIMS of the malicious shooter . But GET *LEGAL ADVICE _AHEAD OF TIME_ . I have USCCA . Consider GOOD advice . Massad Ayoob is considered one of the BEST . Act with PRUDENCE and wisdom , prepare ahead of time if you decide to carry or use . *DO **_NOT_** RELY* on You Tube OR YOU TUBE *COMENTERS* for ANYTHING _you_ decide to *DO* .
@@TrustIssues76 - "I was attacked (or my friend or neighbor was attacked) and *I was in fear for my (their) life* , and acted as necessary to defend my (their) life . This person attacked in THIS way for THIS reason . Here is evidence and the weapon used (SECURE WEAPONS from being "removed" from the scene) , there are the witnesses . I will FULLY cooperate , and I know you're only doing your job , but I will only say further with my attorney present . I now need an ambulance to go to the hospital . " _YOU_ *MUST* call 911 YOURSELF and MUST request POLICE _AND_ AN AMBULANCE for both YOURSELF _AND_ anyone who may have _sadly_ SURVIVED the shooting , and for ANY VICTIMS of the malicious shooter . But GET *LEGAL ADVICE _AHEAD OF TIME_ . I have USCCA . Consider GOOD advice . Massad Ayoob is considered one of the BEST . Act with PRUDENCE and wisdom , prepare ahead of time if you decide to carry or use . *DO **_NOT_** RELY* on You Tube OR YOU TUBE *COMENTERS* for ANYTHING _you_ decide to *DO* .
I will not talk to the police. Many like myself pay for self-defense insurance. The insurance companies provide guidelines for the course of action if you are involved in a defensive situation. It's best if you follow their recommendations. Giving a statement goes against their advice. If you give a "brief" statement to police you may not be arrested that moment, but you may be arrested at a later date. The investigation don't end if you make a statement. It may go on for many weeks. Every state is different! Many states will bring your case to a Grand Jury. That's where the decision will be made if you will be prosecuted or not! It's not up to the police! I would rather sit in jail for a short time and speak with my attorney before making any statement! The police and state are NOT on your side!
There is no such thing as a “Brief Statement.” You have made a “Statement.”. Period. It will be used against you in upcoming legal matters both civil and criminal. I am a proponent of the following: “My name is xyz and I have been involved in a self defense firearm use here at this time against that person to stop his threat of imminent bodily injury to me. My weapon is here. I intend to cooperate with your questions but first I need medical attention.” Now go call your lawyer from the ambulance.
Ayoob is still stuck in the 80s. NEVER talk to the police now with recordings and mass politicization of the justice system. Times have changed and our self defense tactics have to as well
So you made an interesting argument. Now just qualify, convince us that you're the expert we should follow on these matters, by telling us just exactly - plus or minus a hundred or two, if you want, how many gun shootings you have been involved with in the courts, either on the stand or behind the scenes as an advisor. Get within even a few hundred of Massad Ayoob and then it might make sense that we get our advice from Mr. Maxwell. *Waiting for your numerical rather than defensive reply*
That’s why after give your brief statement and ask for medical attention, invoke your right to an attorney. You will be too high on adrenaline to think clearly and recall facts clearly. If there’s any slight difference in anything said that body camera picks up and what you say later in the interview, a prosecutor will focus on that and you never know what a jury might think.
Criminal defense lawyer here, and I have experience with self-defense cases, and your argument has two flaws and a bad cost-benefit analysis. First, a lot of people aren’t going to remember what to include and not include in a brief statement if they are in this situation. Two, lay people may think a piece of info or a witness is exonerating, when in reality it isn’t, because law is nuanced (so what a “good shooting” is subject to interpretation and prosecutors are smart sometimes). Also, I’d be more than happy to spend up to 14 days in jail (in Idaho you get a prelim within 14 days of arraignment) to not risk life in prison. The one scenario I’d advise a brief statement on is if the incident isn’t recorded AND the alleged person is not deceased; because then it is a “race to the phone”.
Thanks for your input. That's the way I've seen it as well. Massad's method seems good to increase the odds of avoiding immediate arrest and MAYBE avoiding charges. But, saying anything that can be used against you might literally make it harder for you later?
@@musicman1eandaI'm also curious to know the facts of that home invasion shooting. Seems like there was MUCH more to it for the guy to spend two weeks in jail for something his attorney could've straightened out within a day.
@@alexander1902yea, that’s the other thing, it’s not like you have to wait until your preliminary hearing, which can take a couple weeks, to release a statement. You can do it the next morning (after meeting with your lawyer) at your arraignment and maybe get released on bail.
Consequences of talking to the police: -a few days in jail maybe until your lawyer sorts things out -having to explain to your boss why you were absent from work for a few days Consequences of talking to the police: -you might still end up in jail for a few days until your lawyer sorts things out -anything you say can and will be used against you in a court of law to send you to prison for much more than a few days I like my rights and I'm going to utilize them to their full extent regardless of how I'm perceived for that at the moment. If a cop says "he's using his 5th amendment right, lock him up boys", then so be it. You don't even have to be involved in a shooting for that to happen lmao
Very hard to disagree with you. I've read the book "Arrest-Proof Yourself" by a former cop. He says any arrest no matter how soon the charges get dropped is permanently searchable in the internet forever. I have a friend that got arrested on false charges, didn't do time, but he never was able to get a job for his entire life because of that record. He was forced to be self employed. My point here is that avoiding arrest may be something to think about. I'm on the fence now after listening to Marc Victor and now this video.
I love the way Mr. Ayoob presents his videos. He is very thoughtful in his presentations. As a first time gun owner at 63y.o., any insights he has that might apply to me now or in the future, I will take to heart. So thank you Mr. Ayoob, you have just gained another subscriber.
Your brief statement doesn't Trump, "Anything you say, CAN AND WILL BE USED AGAINST YOU In a court of law." I'd rather keep my mouth shut and set in jail for a few days, weeks or months until my attorney does his job. Then set in jail for decades or the rest of my life b/c of a statement I made that can and will be used against me as they see fit.
You can be 100% innocent and/or in the right and have committed a lawful shooting. The police can and will use anything you say to find some way to get you for something. People are shaken up may not remember things exactly. Then later when asked again (and you will be asked multiple times) you will likely say something even slightly different, they will latch onto that discrepancy as catching you in a lie. You will be viewed as hiding something, probably guilt. It's for this reason and others that you shouldn't talk until you have calmed down and an attorney is present. The right to remain silent exists to protect the guilty AND the innocent. the police know this despite the fact that they will tell you that the innocent have nothing to hide. The police may legally lie to you when investigating. Be VERY VERY careful when talking to the police.
If I ever have to use this level of force to defend myself (or others) I will be having to call for the EMTs to take me to the emergency room due to what the stress would do to my blood pressure and heart. So I would probably only be able to talk about needing the ER. I really hope I never have anybody force me into all that.
It’s very important that after your “brief statement” that you state, out loud, that you wish to speak to your attorney, AND you wish to remain silent. Some police CAN take complete silence (not asserting your right to remain silent) as an admission of guilt. Make certain you say, “I assert my right to remain silent until I consult my attorney.”
Remember what Rittenhouse trial Judge Bruce Schroeder told District Attorney Binger after Binger mentioned during the trial that Rittenhouse chose to remain silent? It doesn't matter what the police think in this circumstance. They're not the lawyers, judge, or jury. Your premise is incorrect.
Yeah it’s called the 5th Amendment loophole. Silence can mean guilt unless you expressly say you are exercising your right to remain silent until your attorney is present.
Police can think whatever the fuck they want. No lawyer thinks Masad is right here. Say lawyer, then shut up. Your silence means nothing. The end. Until your lawyer tells you to talk, don't.
Never been in a shooting but as a Paramedic have been called to many shooting scenes. I have had many folks babble and then what I call brain run so fast that mouth couldn't keep up was truly weird.
When I took my classes at Thunder Ranch - The recommendation was to briefly state that state the situation and that you were in fear for your life and that you had eliminated the threat and that you would cooperate after speaking to your attorney. Then say goodbye to your firearm. Also when the case goes to court the prosecutor will recount that brief statement that you gave. Made a lot of sense to me
Mr. Ayoob, please go into detail about putting your hand on your gun, displaying it at low ready, pointing but not firing. Actions that one might take in a dangerous situation short of pulling the trigger.
Yes. I want this. With overeager DAs, letting your gun be seen is brandishing. How can you inform a potential perp they should move along without being charged?
@@dagneytaggart7707 Not answering on Massad behalf but it depends on the situation to say if your brandishing or having it in a ready position because of the reasonable threat you perceived.
On dealing with a drunken fool who wanted to start a fight, an ex-con I knew told him "Please don't make me go back to jail. I don't want to go back there for another 32 months. Please just leave me alone." Seeing that this guy was sincere and unflinching the drunk thought about it for a few moments then walked off grumbling.
@@dagneytaggart7707 In SC merely letting your firearm be seen in any identifiable part is illegal. I know someone who got nailed for setting a rifle next to the door inside of his house because in doing that he was visible to the troublemaker who was at the street yelling at him. Know your laws.
Just remember...ANYTHING you say CAN & WILL be used AGAINST YOU. Also remember that you have the RIGHT to remain silent so that you don't accidently incriminate yourself. The 5th is there for your protection but if you decide to excercise that right you'll find out real fast how much the police dispise you & how they have absolutely zero respect for the law or your God given rights. Excercising your rights is something that absolutely infuriates the policie. If you don't believe me just try it the next time you get pulled over.
Making a brief statement MAY have been good advice up until a couple years ago but now, in this political environment I am going with not saying a motherfucking word to anyone that IS NOT MY LAWYER!
Interesting how MA brought up the Armed Attys who are on IG too 🤳🏼. I've watched their video content now for around 12mo. More ccw users & armed officers: security, LE, corrections need to understand case law 📂 legal use of force events.
Yea, he's a good cop. But he's also an advocate for the cops, and there are way more crooks among cops than he lets on. Your lawyer is your advocate. That nice detective who acts like your friend is not your advocate. Their job is important. In my view, waiving your rights does not generally help them.
I'd have to disagree with saying anything right then and there. Request to be taken to the hospital immediately, and buy yourself some breathing room and collect your thoughts before you speak to any corporate mercenaries. The police and courts don't care about your story, they just want someone to charge with something so they can make money on the ordeal. Of course, my opinion is different (and shit) because my local police have basically neutered my right to carry at all, because they will execute anyone with a gun that isn't 'them'. Say nothing of the fact that NO attorney is on your side and going to work for YOU. They work for the wealth of themselves and the courts, that's it. (These people hold stock shares in their local prisons... They aren't going to work against putting you in there to raise their worth.) And police don't have to give (much) of a statement. The AG will always side with them, no matter the circumstance. We have proof of police commiting murder in my own state and NOT ONCE has the AG decided against his 'police'. (They want to keep the minions doing their dirty work, not prosecute them. It's much more lucrative to put YOU in jail than to lose one of their mercs.) Modern American 'authorities' CANNOT be trusted with your wellbeing or the truth. This is the sad truth of our country today. More people need to study their #strawman and the #unitedstatesincorporated .
I'd rather spend days in jail then fall for a law enforcement officers (non-truth) trick and spend the rest of my life in prison. Weigh your options people. 1 word. Lawyer
The cops have immunity, and always investigate themselves and find they did nothing wrong. So, that point it mute. Both of carry insurance companies say the say thing. Give your name, and call them. Do not say another word to the cops. The less you say the better.
8:19 The problem is that a citizen who is intending to follow the law but goes afoul in some way unknown to them. The brief statement advice works only if you KNOW that nothing you've done is criminal, which you'd have to be a lawyer to be sure of (even then maybe not). I've watched lots of videos on this topic and neither side has ever given me a strong position.
The strong position is to not give any statements until you have a lawyer present that can help facilitate your communication with authorities. Lawyers help balance the power imbalance.
Ideally if you can give a perfect statement after a serious incident this may be good advice. However unless you routinely shoot people you will be in a state of shock and reduced mental capacity after an incident. It would be very easy to say one wrong word that causes a cop to misinterpret or misunderstand what happened and all the sudden you are arrested and put on trial. Yes you will probably get arrested if you say absolutely nothing, but you won't get wrongfully convicted for saying the wrong word.
I think he would counter people make mistakes. If no one ever made mistakes then innocent people would never get arrested and good people would never make mistakes. I have great respect for you, but you can’t guarantee that you will never make a mistake. Yet you go armed.
The guy spent weeks in jail untill a hearing and he was dismissed, an office said if he had known this would not have happened. Where was this guys attorney, he should have been out within 24 hours.
Weekend, plus one day if it is a holiday. I take anything with a grain of sand from somebody that claimed they killed a snake by missing it. Thunder Ranch did a video proving it to be a lie.
@@waynecastleman1363 My first Attorney was also a friend, and one of the nuggets of wisdom he gave me before passing on to a better place was this: "The jails are full of poor people whose biggest mistake was not paying for a decent Attorney."
"You have the right to remain SILENT." Use it!!!! Never talk to the Cops until you talk to your lawyer. I support law enforcement, but the reality is they are NOT your friend and NOT on your side.
This video evokes dissonance. I've literally heard many lawyers and even cops say, don't speak because you might incriminate yourself DESPITE being totally innocent. You can never talk a cop out of arresting you, when he's already made his mind up to charge you. I have a ton of respect for Massad, but it's downright scary to know the cops are professionally trained in using what you share AGAINST YOU. I really pray i never ever have to defend myself in that manner and be put in a situation as difficult as that. I have to trust my attorney over myself in handing whatever the investigating personnel wants to write. I'm not going to make my attorney's job any harder than it has to be.
It’s not that bad. Maybe you don’t understand because you aren’t a cop? But when someone has potentially committed a crime and they’re being confronted sometimes they tell their story and it makes sense and you believe them. Sometimes they bring up a weird detail or say something weird that doesn’t line up and from there it’s hard to turn back because you already decided the person you’re talking to is lying
@@jeffpraterJSFyes exactly. You’re cops. I’m not going to take advice on protecting myself from cops, from the cops. That’s what lawyers are for. If there’s a 1 in 100 chance I get a bad cop who wants to ruin my life, well those are worse odds than being in a defense shooting in the first place. And I think way more than 1 in 100 cops are bad.
@jeffpraterJSF Maybe you don't understand that my brother is 30 years into a law enforcement career that includes internal affairs, narcotics, chief of police, and currently working with the states attorney's investigation unit investigating homicides and major crimes.. trust me, I do understand what I NEED TO DO TO PROTECT ME.
@@truckpilot01 you are you, not your brother. Also that’s literally the point of this video. He says that many lawyers and cops will tell you to not say anything. But reality tells you that’s how you end up in jail for 6 days until your lawyer gets you out. If you say a brief statement that describes you as the victim then you probably won’t be charged with anything in the first place. Something like “I was just walking into the store and he came running at me with a knife raised up saying I’m gonna kill you.” And then when he continues asking questions say “I don’t wanna answer any more questions right now but I will in the future with a lawyer present.”
I once had a gun case back in 2010. Told the truth to the responding officers from the Austin Police in Texas. The police charged me with deadly conduct for shooting at a guy trying to run me off the road. Went to talk to the detective Dominguez, Steve. Told him my story charged me with 1st degree Agg/deadly weapon. The detective didn't have the courage to tell about the charged up grade until after the interview. My attorney Mr Gerald Smith saved me from going to prison because a punk kid and a coward detective. Got all the reports on paper but curious why the videos were destroyed? Don't talk to the police, call for your attorney!
"Anything you say can and will be used against you in a court of law." And any tiny misstatement you accidentally make to the police can be twisted around to make you look guilty.
Miranda comes into play after you've been arrested.By then, you better remain silent. However, if you want to avoid arrest, the "brief statement" may work to your benefit.
@@TMTLNETG Not at all. That's why it would be prudent to follow the advice that Mas is giving, and not say anything more than what's necessary to keep from being arrested.
The first thing you should do in a self defense situation is piss/soil your pants. This would indicate a fight or flight response. Key evidence that you were most certainly afraid for your life.
That brief statement is just an opening for you and cop to start a verbal sparring match which you will not win. You think the cop won't interrupt that statement with all kind of questions and statements meant to incriminate you? Heck they do that even in simple traffic stops.
@@MrWebster If that happened I'd just respectfully ask to not be interrupted and if incapable, please have an officer assigned to take my statement that can professionally do so.
I am a member of US Law Shield, and the attorneys who teach classes on what to do after the shooting. They all say that you give minimum information at the scene.
Before I received my conceal carry permit over 30 years ago, I purchased and read the guide recommended by the Sheriff's Office "A Consolidated Guide To Firearms Laws & Licensing". It was a must-read at the time. Massad's 2nd Edition "Deadly Force" was so far beyond that old guide that I would go as far as to say that anyone carrying without knowing the concepts in that book should not be doing so. This video touches on Chapter 14, "After the Shooting". But there is so much more mental preparedness needed that everyone needs throughout those pages. It can’t be easy to boil down such a complex subject into something that the average citizen can absorb. Thank you, Massad!
I think an important distinction is that Masaad is saying to make a statement, he’s NOT saying “Answer Questions”! See the difference? He’s advocating for giving the police pertinent information and then shut up and DON’T Answer Questions! Which I think is the best option, once you make the statement as explained by Masaad, then explain before I answer any of your questions I’ll need to have an attorney, and do everything you can to resist Answering Questions
The take away from that kid shooting and keeping quiet....He got a case dismissed. Now....was this case dismissed with or without prejudice? If the case was dismissed WITH prejudice....this kid WON big. Double jeopardy means even if they found out it was a drug deal gone bad....he can never be tried again for it. Thats worth a couple days in jail and WORTH the dismissal.
I’ve asked this question and it’s not the most popular and my YT question was used in a hearing, which I consider a badge of honor. In West Virginia (civil rights lawyer YT channel) there’s a squad of derelict cops who break into homes illegally, photograph guns, go thru other people belongings dump out human remains, test those urn ashes for drugs, and I simply asked what if the homeowner came home and greased the two lawless invaders who didn’t have a warrant and broke into the home thru the window AC unit??? Their badges weren’t visible on the home video and it’s a legit question.
Minnesota Lawyer regarding state law: "Is there a simple definition of legal self-defense? No. That is the most asked question. People wish for simplicity, understandably. But there is no bright-line test in the law, when it comes to self-defense." All the more reason to remain silent, so you don't accidentally say a wrong words.
I just watched a video and I am really concerned. The video covered a bunch of topics but the one that got me was a point about De-Escalation. Now I have heard that Police are supposed to try to De-Escalate a situation, but the two lawyers in this video made the comment that some of their clients (not Police Officers), were asked why they did try to De-Escalate the situation before shooting the Armed person that broke into their home. This is very disturbing, someone breaks into my home armed with a weapon, (Gun or Knife), and I am expected to try to talk this person out of killing me. Am I the only one who thinks this is nuts??? ua-cam.com/video/7vXeUUEDpvM/v-deo.html
Self defense lawyers certainly don't 'all' say that. And Mas isn't a lawyer, he's a cop. When the cops shoot someone, what do they do? Use their special safety period they have a special "right" to and talk to a lawyer.
There are no self defense lawyers, only criminal defense lawyers. You, as the pesky citizen, have no idea if you commited a crime, even if what you did was 'right', it could still be criminal. Never represent yourself.
@@morgan3688 never did I say " represent yourself". The system just favors that in so many ways, not the least of which is denying self-represented defendants the ability to make statements that can't be used to impeach them like an attorney can.
I'd say too as a security officer/armed (G) & veteran- MP enlisted 4yr, try TRY to remain calm, don't use slang or profanities 🤬. LE officers arrive on scenes; DV cases, traffic accidents/deaths, beatings. They will shut down or become hostile if you are irate, crying-emotional or yell. I had a 2023 incident in CoDB.us which led to a suspect's felony arrest 📂. The 2 young PD officers on scene were highly unethical, un-caring. I'd add the police Lt, watch commander never came on scene.
@roflchopter11 Florida and the unions do grant a "cooling" off period. I'd add look at the FL vs Reeve case. The high profile 🍿 murder case. Reeve a older retired LE officer & security executive shot a attacker in a movie theater. That court case took 8 + years. Some critized patrol 🚓 officers for the slanted way they treated Reeve on scene.
His advice is horrible. He should stick to shilling for Bill Wilson. Saying ANYTHING to the police (other than "I will cooperate fully after speaking to my attorney") is simply wrong and dangerous. Ayoob's attempt to rewrite history as to what he has said numerous times is both pathetic and a lie.
Mas, is a former police officer. Never speak without a lawyer. There have been documented cases of police going after the innocent subject, who doesnt shut up, sllows them into the house, and police charge him eith other crimes.
And you're not an experienced police officer, or a lawyer, or an experienced expert court witness in hundreds of shooting cases - but we should follow your advice over Massad Ayoobs?
Mas, Always great to hear you, sir! As both a combat infantry man in Vietnam, special forces, army ranger involved in more than one shooting in combat. As a certified Peace Officer in the state of Texas, US Army, criminal investigator, a Texas district attorney investigator. I’ve also been involved in more than one LEO shooting. I couldn’t agree more with what you relayed in this video to everyone who cares to listen. I think it would be the rare law enforcement official, who would go to any length to get someone to incriminate themselves in a self-defense shooting I know I never would have and no one I ever worked with would have. We would have gotten what we needed. Made sure they didn’t need any medical or mental health treatment, because, as you well know, the effects of taking another persons life are immense. The brief statement is exactly what needs to be said. After all of my critical incidents after calling for back up, and an ambulance, no matter what an ambulance, the next call, I asked to be made was to the Texas Ranger. And I have the great fortune of having, an outstanding Texas Ranger investigate my shootings in the panhandle of Texas. Thank you very much Mas for what you done to keep all of us out of jail! L O L!
Massad is right, IF you can shut up after giving the brief statement. Some people cannot. As Ron White said, “I had the right to remain silent, but I didn’t have the ability.”
The five points that you lay out of what to do when the police arrive after you shot somebody in self-defense make total sense. That’s also assuming that the shock of the situation and its aftermath can be properly managed by the individual involved. This is only a guess but I’m fairly certain that the average person would probably be confused and traumatized by the event. As a rule I don’t trust police officers because I know for a fact that they will use everything you say against you. I also know that district attorneys will do everything they can to convict you. Given all of these reasons, I think that it’s probably best to hold your tongue until you’ve retained an attorney.
The garrity warning seems to be very similar to your Miranda Rights.. from my research it seems that they can plead the fifth using garrity and not speak about what has happened and cannot be reprimanded or fired for it.. so my question is why does law enforcement have gerrity rights. But citizens have Miranda.. 1 set of rules for us and a different set of rules for you....
You are intentionally mis-representing what you have said for years. Honesty matters!!!! Say nothing but that you will cooperate after meeting with your lawyer.
I, very sadly live in Commiefornia. In a self-defense shooting where the attacker is killed, you are mandatorily arrested. I’m a member of CCW Safe and since the police are arresting me anyway, shouldn’t I save my chat with the police until I’ve spoken with my attorney?
Yes absolutely. You have to have time to let everything dwindle down so you make sure that anytime you have something to say it stays consistent. When you are high on adrenaline right after a critical incident it’s too easy to screw something up and law enforcement and prosecutors enjoy making a big deal out of just a tiny thing. That could be the difference between you walking out and keeping your 2A rights or being in prison. Even though you are within the law completely.
I'd agree with Ayoob or any other 2A lawyer, use of force cadre who'd say provide the basics, but be honest if you need to move or protect-preserve evidence; magazines, spent cases, weapons(attacker), any drugs-drug items if the suspect drop them. I 💯 guarantee in a US urban area or city, some street scamp or by stander will yip & yap about you or lie about actual events.
I've listened to Massad's perspective, have read his book, read Duane's right to remain innocent book, and have listened to Victor and Branca for years now. Unfortunately (or fortunately?), it seems both could be right, but you don't know until after your defensive situation. A GM instructor I had a handgun lesson with said he talked to the cops after a man came on his property with a machete and he drew his gun on the guy to get him to go away. Charges were never filed against him. However, a very different story could have played out from talking to the cops. What if the machete guy called the cops himself and said "some guy just pointed his gun at me while I was parked on the road". Combine that with the defender basically admitting to potential aggravated assault and an anti gun cop and prosecutor, and you've got a recipe for arrest and charges.
Ayoob's advice essentially relies on you dealing with benevolent law enforcement. If you're dealing with anyone anti-gun or anti-self-defense, then you're in trouble at the best of times, but having said absolutely nothing to the police is very beneficial. Odds are that right after the biggest adrenaline dump of your life you're not in the state of mind to stick to the brief statement as he describes it, you're going to make mistakes, and whereas a reasonable officer and prosecutor might understand and not make anything of it, a malevolent one will charge and possibly convict you off of just that. An example pointed out by Runkle of the Bailey about how saying nothing can be useful is that if you have several people in a house and you shoot an intruder, then so long as none of you say anything, the police knows someone shot the guy but can't pin it on anyone specifically. Point being that the advantage of having said nothing can come from such an unexpected angle that in the moment you'll never know. You can always say things later if you must. I think witnesses and evidence can probably be pointed out without actually saying anything as to what happened. Perhaps using lines such as "I'd rather not say anything, but maybe that guy over there can tell you something. Oh, and don't step on those casings over there". As for the guy who sat in jail for a while before his hearing, well, maybe had he gotten unlucky with the prosecutor, he would have stayed in that jail for many years longer if he'd said something and fumbled it.
I wonder if this scenario you pointed out could pertain to the informal maxim I've heard where the first person to call 911 is most likely to be considered the victim.
“If you don’t know what a good shoot is, what the hell are you doing walking around in public with a loaded gun”. What?!😂🤣😂🤣 Kind of a moronic statement if I may be so blunt. Cops walk around with a loaded weapon in public and quite often as has been proven with body cams, if we’re being honest here, cops have many questionable shootings. Even it was just a “mistake”. Are you saying a citizen can’t and won’t make a mistake too? If those “highly trained professionals” (with a 30% hit ratio AT BEST) can screw up, don’t you think it’s possible a citizen can make a mistake. I’m not saying the cops do it on purpose. Just like a citizen isn’t doing it on purpose. But cops have qualified immunity on their side. And yes, qualified immunity has saved many officers from prison, even if that’s not what it was designed for. Citizens don’t have qualified immunity. So our only hope is our right to remain silent. In my opinion, Mr. Ayoob has a very myopic view about making “brief statements” to the cops. It’s almost like he’s saying “in a perfect world”. But the world, the cops and the courts aren’t perfect. You know what IS perfect? Your right to remain silent.
I love following Massad. Most of us on here are experienced shooters and practice both self defense and home defense situations on a regular basis. However it is information like this that can be critical to not having to be removed from your family that you had just protected. This is pure gold...please pay attention.
Being arrested is FAR from the worst case. Going to prison for decades is. That's what ACTUAL defense attorneys are trying to avoid. They don't care if you get arrested (at least at a high level) - they want to keep you out of prison. That should be your goal too. You don't know at the time if others will view this as a good shoot.
I would say Ayoob is correct when dealing with intelligent, calm people. If you don't fit those criteria, make yourselves fit that description long before this situation manifest.
It's critical to note here that the calmest and most intelligent people in the world might not be all that calm and intelligent right after the biggest adrenaline dump of their life.
So after doubling and tripling down on the WORST advse ever given, you try to backtrack a little bit. Please don't lie and say you are "in the middle." I rewatched your earlier videos and you clearly said you should explain your position completely, Even defense attorneys who specialize in these cases will tell you to shut your mouth. NOTHING you say can help and any mistake can be devastating., Try being honest. The best advice is to say this....."I intend to cooperate fully but I'd like to speak with my attorney first."
I had a self defense shooting. I remembered Mr Ayoob's advice. The man that I had to shoot passed away, I didn't go to jail. Just wanted to say thank you for the experience and advice on this channel.
@@jason200912 Nothing. There was no trial. I do carry FLP, and got a lawyer at no cost. But the police took my case to the District Attorney as a self defense shooting. The District Attorney reviewed the evidence and the case, and no charges were filed.
Without getting into too much detail, I should state the man was caught on camera threatening me with a weapon, and advancing on me. So, it was fairly open and shut. I did not know about the camera evidence until after the district attorney declined charges.
I'm 71. I carry every day. In my community I'm known as a former Judo Sensei, having even taught off duty cops. I still look formidable. I know if I ever discharge my firearm anywhere but on the range two things will happen; I'll be without my weapon and in handcuffs. I see that as a fair trade to prevent my demise. Regardless of the change in Florida law comically referred to as 'stand your ground' I'll suffer the question; "was this necessary for you?' See I'm not the type that's a victim of bullies that get their rocks off intimidating others. Attacking someone of my size and background only happens with 'very' serious intent. In fact, that means the chances of me using my pistol are extremely small. Why then do I carry it; some would ask? Same reason I carry a fire extinguisher and a 1 ton jack in my saddle bags; some day I might need them.
We need a workshop on what a brief statement sounds like, and perhaps some practice writing exercises and role playing with various personality types typically seen in the field of law enforcement. Thank you.
Retired FTO/PPO, and doing my due diligence, my renewal for Armed Citizens is coming up. While I wasn't planning on jumping ship, I do shop around every year to see what else is new and their assorted angles. Knowing what I do about field investigations, I'm 100% on board with the Brief Statement, or as every training officer will tell you, 'Just The Facts, Jack'. Point of the matter here, the singular highlight in this video for me was the point of view of 'the brass' on these defensive shooting coverage companies and what they tell their members. Knowing that weeds out future trouble indeed, but from the consumer side, Mas saved me A Lot of digging on that point as you'll likely not find that on the plan literature.
What are you doing here? “Nothing”. That answer I gave was literally used against me as a teenager in a criminal case. Do not answer any questions. It’s right there, ANYTHING YOU SAY CAN AND WILL BE USED AGAINST YOU.
I never go to my door to answer with out my gun unless I'm expecting someone, I lived in a small town In tennessee back in the early 2000's, someone knocked on my door when I opened the door a neighbor that lived down the street that was kind of mental force the door towards I stepped back and drew my weapon and said you can go home alive or you can go injured he stepped back and walked away I notified local police they went and talk to the guy after getting my statement then came back and asked if I want him arrested I told them no I just don't want him on my property again they advised him never heard from him again the police thanked for not shooting him I gave him a choice he picked the right one I told the officers, nothing further of it anymore
Brought back memories of a Police shooting in Australia at Hornsby where a female Police officer opened fire on a mental guy who escaped a psych hospital with a knife in a busy mall. Yep bullets fired and 3 innocent people were shot. Police confirmed Sourian (the knife man) did not stab anyone and the three bystanders were shot, who include an 82-year-old woman and 65-year-old woman, are in a stable condition in hospital.Footage from seconds after the shooting shows the female police officer apologising to one of the elderly women who had been shot. Remember this is gun free Australia and this shooting went VERY quiet after the event. The Police have magical powers after these shootings. Joe Public has nil magic powers.
Thank you. 🙏🦅🇺🇸👍😎
Thank you for proper weapon handling
I've read Prof. Duane's book and watched the videos. I've also heard Masaad's philosophy on this topic on multiple videos and read some of his material.
I remain convinced that THE LESS YOU SAY TO POLICE THE BETTER OFF YOU ARE, all things considered. Yes, give them your name. Yes, tell them what you are lawfully doing there. *IF* you are involved in a shooting or other defensive scenario, tell them you felt you were in danger such that you acted to defend yourself, you want the other individual(s) arrested (if present), and that you will be happy to provide a statement and cooperate AFTER you have spoken with your attorney.
It is not a good idea to answer unsolicited questions from police outside of these statements and perhaps pointing out witnesses.
From past experiences on the subject matter silence is golden, only actual facts and only that ,But Silence is golden
Unfortunately, in the state of NY, especially in Buffalo, NY, I cannot find an attorney that I can retain on an as-needed condition.
Don’t talk to the police. You invoke your 1,2,4,5 amendments and tell them you won’t say a word without your lawyer.
I've been an NRA member for nearly four years. I received the NRA's gifts following both 2-year membership payments. I never got a single issue of any NRA magazine. In fact, I didn't even know there was a magazine until just now WTF?
11:53 Cop: "Why are you at the scene of a shooting?"
You: "Why, I'm the shooter!"🤣
This just sounded funny to me!
Thanks Mas and could you please share some thoughts on Uvalde, sequence of events, the police response, etc.?
As someone who’s been in a shooting. Don’t talk to the police. They are not there to help you.
Agreed. At most, maybe a general statement of self defense, stand your ground... but never go into details.
I faced a domestic violence charge with an intoxicated ex. The cops at my door wanted to rough me up. I saw it in their eyes..Had I not told my side of the story, initially not believed, They would have cuffed me right then. However, a Sheriff cadet was jogging by at 3 am and saw that she fell out of a car with liquor bottles falling out. She face planted and he came by, told me to dial 911. Our stories matched and I was saved from big trouble. Thanks dude, whoever you are in the Martinez Sheriff Dept.
In other words, what you said meant jack shit, and you almost went to jail on a DV charge that would have robbed you of your right to keep and bear arms because you felt you had to defend your good name, instead of force them to follow the law. (Instead of criminally assault you as you say they seemed to want)
@@morgan3688100%.. ANYTHING YOU SAY CAN AND WILL BE USED AGAINST YOU! ANYTHING YOU SAY.. Not maybe used for you. AGAINST YOU. Anything you say.
So she got drunk, you beat her, and what ..?
yep. lose my contractors license. single parent 15 years ago. It would have been a mess.@@morgan3688
This post made absolutely no sense.
A statement, even a brief one, after something as traumatic as a self-defense shooting is bound to have errors. The best thing is to only give a statement after the shock and adrenaline has worn off and only with a lawyer present. Never give a statement right after shooting.
Law Enforcement works for the prosecutors office not you . I will mask for oxygen because I have a bad heart and give my statement a week later .
The thing that makes this topic so harrowing is that there are lifelong consequences for each action. Defend yourself, say the wrong thing, and prison may be your new home. Do nothing, and you or your family member might be buried. Then add in the anti gun prosecuters and DAs, and it only makes this minefield more deadly. Thank you for these videos, I bought the book you suggested. I pray I never have to use my gun. I also realize that carrying a CCW is not something you just do. There's so much more. Where are you, what's behind you, who's behind your line of fire...
I agree with what you said, but one point sticks out- "...anti-gun prosecutors and DAs..." That's why I live in a Red state, where my home is my castle, and it is a God-given right to defend myself, my family, and my possessions. That should be taken into consideration, too. Living in a gun-hating blue state will get an innocent homeowner jailed waaaaay before the criminal breaking into his house. Peace!
@NegativeROG I live in a state that goes both ways, red and blue. We have the castle doctrine, too. Just be mindful that criminal court is one thing, and civil court is another. One can still be sued via civil court wise, and that can be VERY costly as well.
@@NegativeROG I mostly agree with your main idea but do you seriously think because you live in a ' Red State" the DA/Police etc are going to pat you on the back, high 5 you and say "Nice shootin, Tex" and just let you split? No, of course not. Sure, your chances might be better of not being tossed in prison, but, it's still their job to find fault and prosecute. I'm guessing there are lots of people in your state that get sent to prison for shootings. Like I said, I agree that you're better off in Texas than Cali. Again, i'm not trying to trash talk you but it's just not a simple situation based on Rep or Demo state or your political leanings. God, let's both hope neither of us has to use the guns for anything other than hunting or training!
Let's not forget that even if you do get found not guilty that you're looking at thousands to tens of thousands of dollars in legal fees.
NO Y-T "Read more" . Where's the end of your comment ?
Say Little Approach:
911 call: name, location, “I was attacked”, “I was in fear for my/their life”, “I had to defend myself/them”, request police and ambulance.
Responding officers: Same as above, adding: identification of any exculpatory witnesses/evidence, request medical attention for yourself, “I assert/invoke my right to silence and an attorney.”
Investigators: Say nothing. Assert your rights to silence/attorney.
I would reconsider using the phrase "I was in fear for my life" check out a video that the Armed Attorney's did about using that phrase. I think it's in one of their speaking with the police videos.
In my very first carry class years ago, the state police detective said something similar with a bit of a variance. "There's been a shooting" not "I shot someone, I was afraid, etc". The dispatcher is trained to try to get you to say things on the recorded line that will be used against you - don't play into it. When police arrive, "I'd love to cooperate with your investigation and make a statement however first I'd like to consult with an attorney" FULL STOP.
@@rrtnps I was going to mention that phrase thinking to police it will make the same impression as "I cant breath" repeated at ever increasing volume or "I didnt do anything" .
Your 911 call approach already has a huge flaw. It cements your legal theory. If your defense decides a different legal theory would have been better to argue in court than the one sentence one you gave the police, it's too late, unless you want prosecution to ask why your reason changed.
Better: Get someone to call the police for you, and if you have to call them, keep it vague. "There's been a shooting. Send help. Here's the address. Goodbye."
@@britainreynolds7365 agreed 100% don't say anything other than reporting the shooting
Sorry Mas, but you’re wrong here. Your arrested-then-released example? Much better to spend a day or two in jail than years in prison and a lifetime as a felon. There’s a reason the vast majority of defense attorneys - licensed professionals in the practice of law - say don’t talk to the police w/o counsel. At the very least you want a witness to ensure what you actually say is captured correctly.
That is correct. Defense attorneys generally say only give a one sentence statement saying the other person attacked you and that you had to use a weapon to defend yourself and that you need medical attention. After that hang that phone up because they will try to ask questions about how many rounds or what position you were in. Those types of questions are things they love to confuse people on just so they can make you a felon. Your attorney can get all that information out at a later time.
@@1watersthree yep. I love Mas and respect his advice, but he’s a cop. You have to take into account where the advice is coming from.
when you don't say ANYTHING, you are NOT conveying the intent to cooperate.
Problem is, most people will have a hard time composing such a brief statement well, and then resisting police pressure to continue interrogation.
The best thing is to have *you're attorney* make a brief statement.
I find it very hard to believe that your example case was represented by counsel, because an attorney would have already developed a narrative a spoken with investigators long before court
4:20 the stormtroopers are allowed to lie to you to get you to incriminate yourself - but if you make a mistake in your statement about a single thing you will be imprisoned for that
not imprisoned, that means you are incarcerated in a correctional facitlity. You would be arrested and charged, and considered for bail.
Yes sir, agree. I'm both a USCCA and NRA member and yes on the rear of my USCCA membership card it states the brief statement as follows...
Comply: Follow all police instructions
Explain: " I was attacked, feared for my life and had to defend myself".
Identify: Point out evidence witnesses and attacker.
Medical: Is request medical attention, if necessary.
Silence: " I will cooperate 100%, but first I need my attorney".
(Do not talk further without your lawyer present.)
Thanks for your videos! Always sound reasoning and advice.
Always drop in for Massad he is the best they got for the videos
Not on this one lol
Except when it comes to making your case immensely harder to win in court, apparently
@@LuisOrtiz-uj2veopinions vary and every situation is different and can play out several ways. Just know if you could have walked away from a scenario they will expose it. If you’re truly justified then you really won’t have to explain that there was no other choice. Don’t point it if you aren’t willing to destroy it because if and when it happens everything has already gone wrong. I understand why you are thinking what you are but not everything is always cut and dry. And in a liberal state you better be in the right.
@@LuisOrtiz-uj2ve "I was attacked (or my friend or neighbor was attacked) and *I was in fear for my (their) life* , and acted as necessary to defend my (their) life . This person attacked in THIS way for THIS reason . Here is evidence and the weapon used (SECURE WEAPONS from being "removed" from the scene) , there are the witnesses . I will FULLY cooperate , and I know you're only doing your job , but I will only say further with my attorney present . I now need an ambulance to go to the hospital . "
_YOU_ *MUST* call 911 YOURSELF and MUST request POLICE _AND_ AN AMBULANCE for both YOURSELF _AND_ anyone who may have _sadly_ SURVIVED the shooting , and for ANY VICTIMS of the malicious shooter .
But GET *LEGAL ADVICE _AHEAD OF TIME_ . I have USCCA . Consider GOOD advice . Massad Ayoob is considered one of the BEST . Act with PRUDENCE and wisdom , prepare ahead of time if you decide to carry or use .
*DO **_NOT_** RELY* on You Tube OR YOU TUBE *COMENTERS*
for ANYTHING _you_ decide to *DO* .
@@TrustIssues76 - "I was attacked (or my friend or neighbor was attacked) and *I was in fear for my (their) life* , and acted as necessary to defend my (their) life . This person attacked in THIS way for THIS reason . Here is evidence and the weapon used (SECURE WEAPONS from being "removed" from the scene) , there are the witnesses . I will FULLY cooperate , and I know you're only doing your job , but I will only say further with my attorney present . I now need an ambulance to go to the hospital . "
_YOU_ *MUST* call 911 YOURSELF and MUST request POLICE _AND_ AN AMBULANCE for both YOURSELF _AND_ anyone who may have _sadly_ SURVIVED the shooting , and for ANY VICTIMS of the malicious shooter .
But GET *LEGAL ADVICE _AHEAD OF TIME_ . I have USCCA . Consider GOOD advice . Massad Ayoob is considered one of the BEST . Act with PRUDENCE and wisdom , prepare ahead of time if you decide to carry or use .
*DO **_NOT_** RELY* on You Tube OR YOU TUBE *COMENTERS*
for ANYTHING _you_ decide to *DO* .
I will not talk to the police. Many like myself pay for self-defense insurance. The insurance companies provide guidelines for the course of action if you are involved in a defensive situation. It's best if you follow their recommendations. Giving a statement goes against their advice. If you give a "brief" statement to police you may not be arrested that moment, but you may be arrested at a later date. The investigation don't end if you make a statement. It may go on for many weeks. Every state is different! Many states will bring your case to a Grand Jury. That's where the decision will be made if you will be prosecuted or not! It's not up to the police! I would rather sit in jail for a short time and speak with my attorney before making any statement! The police and state are NOT on your side!
100%
There is no such thing as a “Brief Statement.” You have made a “Statement.”. Period. It will be used against you in upcoming legal matters both civil and criminal. I am a proponent of the following: “My name is xyz and I have been involved in a self defense firearm use here at this time against that person to stop his threat of imminent bodily injury to me. My weapon is here. I intend to cooperate with your questions but first I need medical attention.” Now go call your lawyer from the ambulance.
Ayoob is still stuck in the 80s. NEVER talk to the police now with recordings and mass politicization of the justice system. Times have changed and our self defense tactics have to as well
So you made an interesting argument. Now just qualify, convince us that you're the expert we should follow on these matters, by telling us just exactly - plus or minus a hundred or two, if you want, how many gun shootings you have been involved with in the courts, either on the stand or behind the scenes as an advisor. Get within even a few hundred of Massad Ayoob and then it might make sense that we get our advice from Mr. Maxwell. *Waiting for your numerical rather than defensive reply*
That’s why after give your brief statement and ask for medical attention, invoke your right to an attorney. You will be too high on adrenaline to think clearly and recall facts clearly. If there’s any slight difference in anything said that body camera picks up and what you say later in the interview, a prosecutor will focus on that and you never know what a jury might think.
@@dalepres1 Ask that same question of Mas?
@@walkingwolf8072 We know his credentials. I've known his work for 40+ years. Who are you?
@@dalepres1Lame appeal to authority. Fallacy in argument. Must be another dirty & lazy cop out for low hanging fruit arrest.
Criminal defense lawyer here, and I have experience with self-defense cases, and your argument has two flaws and a bad cost-benefit analysis. First, a lot of people aren’t going to remember what to include and not include in a brief statement if they are in this situation. Two, lay people may think a piece of info or a witness is exonerating, when in reality it isn’t, because law is nuanced (so what a “good shooting” is subject to interpretation and prosecutors are smart sometimes). Also, I’d be more than happy to spend up to 14 days in jail (in Idaho you get a prelim within 14 days of arraignment) to not risk life in prison. The one scenario I’d advise a brief statement on is if the incident isn’t recorded AND the alleged person is not deceased; because then it is a “race to the phone”.
Thanks for your input. That's the way I've seen it as well. Massad's method seems good to increase the odds of avoiding immediate arrest and MAYBE avoiding charges. But, saying anything that can be used against you might literally make it harder for you later?
@@musicman1eandaI'm also curious to know the facts of that home invasion shooting. Seems like there was MUCH more to it for the guy to spend two weeks in jail for something his attorney could've straightened out within a day.
@@alexander1902yea, that’s the other thing, it’s not like you have to wait until your preliminary hearing, which can take a couple weeks, to release a statement. You can do it the next morning (after meeting with your lawyer) at your arraignment and maybe get released on bail.
Consequences of talking to the police:
-a few days in jail maybe until your lawyer sorts things out
-having to explain to your boss why you were absent from work for a few days
Consequences of talking to the police:
-you might still end up in jail for a few days until your lawyer sorts things out
-anything you say can and will be used against you in a court of law to send you to prison for much more than a few days
I like my rights and I'm going to utilize them to their full extent regardless of how I'm perceived for that at the moment. If a cop says "he's using his 5th amendment right, lock him up boys", then so be it. You don't even have to be involved in a shooting for that to happen lmao
Very hard to disagree with you. I've read the book "Arrest-Proof Yourself" by a former cop. He says any arrest no matter how soon the charges get dropped is permanently searchable in the internet forever. I have a friend that got arrested on false charges, didn't do time, but he never was able to get a job for his entire life because of that record. He was forced to be self employed.
My point here is that avoiding arrest may be something to think about. I'm on the fence now after listening to Marc Victor and now this video.
@furyofbongos obviously he had very poor legal advise and didny know how to do his own research because that should have been expunged.
Never talk to the police for any reason ever.
Cop: "Hey how are you?" You: "I'm, not talking to the police I want a lawyer!"
I love the way Mr. Ayoob presents his videos. He is very thoughtful in his presentations. As a first time gun owner at 63y.o., any insights he has that might apply to me now or in the future, I will take to heart. So thank you Mr. Ayoob, you have just gained another subscriber.
Your brief statement doesn't Trump, "Anything you say, CAN AND WILL BE USED AGAINST YOU In a court of law." I'd rather keep my mouth shut and set in jail for a few days, weeks or months until my attorney does his job. Then set in jail for decades or the rest of my life b/c of a statement I made that can and will be used against me as they see fit.
Would also recommend Deadly Force by Massad Ayoob. Good read, 333 pages, and you get a copy when you join ACLDN
You can be 100% innocent and/or in the right and have committed a lawful shooting. The police can and will use anything you say to find some way to get you for something. People are shaken up may not remember things exactly. Then later when asked again (and you will be asked multiple times) you will likely say something even slightly different, they will latch onto that discrepancy as catching you in a lie. You will be viewed as hiding something, probably guilt. It's for this reason and others that you shouldn't talk until you have calmed down and an attorney is present. The right to remain silent exists to protect the guilty AND the innocent. the police know this despite the fact that they will tell you that the innocent have nothing to hide. The police may legally lie to you when investigating. Be VERY VERY careful when talking to the police.
If I ever have to use this level of force to defend myself (or others) I will be having to call for the EMTs to take me to the emergency room due to what the stress would do to my blood pressure and heart. So I would probably only be able to talk about needing the ER. I really hope I never have anybody force me into all that.
It’s very important that after your “brief statement” that you state, out loud, that you wish to speak to your attorney, AND you wish to remain silent. Some police CAN take complete silence (not asserting your right to remain silent) as an admission of guilt. Make certain you say, “I assert my right to remain silent until I consult my attorney.”
Remember what Rittenhouse trial Judge Bruce Schroeder told District Attorney Binger after Binger mentioned during the trial that Rittenhouse chose to remain silent? It doesn't matter what the police think in this circumstance. They're not the lawyers, judge, or jury. Your premise is incorrect.
Wrong. Supreme Court ruled that if you answered any questions. Then stop. That can be considered admission of guilt.
Yeah it’s called the 5th Amendment loophole. Silence can mean guilt unless you expressly say you are exercising your right to remain silent until your attorney is present.
Police can think whatever the fuck they want. No lawyer thinks Masad is right here. Say lawyer, then shut up. Your silence means nothing. The end. Until your lawyer tells you to talk, don't.
"Some police CAN take complete silence (not asserting your right to remain silent) as an admission of guilt."
Please provide a source.
Never been in a shooting but as a Paramedic have been called to many shooting scenes. I have had many folks babble and then what I call brain run so fast that mouth couldn't keep up was truly weird.
When I took my classes at Thunder Ranch - The recommendation was to briefly state that state the situation and that you were in fear for your life and that you had eliminated the threat and that you would cooperate after speaking to your attorney. Then say goodbye to your firearm. Also when the case goes to court the prosecutor will recount that brief statement that you gave. Made a lot of sense to me
Mr. Ayoob, please go into detail about putting your hand on your gun, displaying it at low ready, pointing but not firing. Actions that one might take in a dangerous situation short of pulling the trigger.
Yes. I want this. With overeager DAs, letting your gun be seen is brandishing. How can you inform a potential perp they should move along without being charged?
The Armed Attorneys covered that pretty well in one of their videos. Check it out, definitely worth a watch.
@@dagneytaggart7707 Not answering on Massad behalf but it depends on the situation to say if your brandishing or having it in a ready position because of the reasonable threat you perceived.
On dealing with a drunken fool who wanted to start a fight, an ex-con I knew told him "Please don't make me go back to jail. I don't want to go back there for another 32 months. Please just leave me alone." Seeing that this guy was sincere and unflinching the drunk thought about it for a few moments then walked off grumbling.
@@dagneytaggart7707 In SC merely letting your firearm be seen in any identifiable part is illegal. I know someone who got nailed for setting a rifle next to the door inside of his house because in doing that he was visible to the troublemaker who was at the street yelling at him. Know your laws.
More damage control? Cant take back what you said the first time about talking to the police
Yeah don’t use USCCA as an example of the right thing to do. The fact that you mentioned them has me questioning the entire video altogether.
Just remember...ANYTHING you say CAN & WILL be used AGAINST YOU. Also remember that you have the RIGHT to remain silent so that you don't accidently incriminate yourself. The 5th is there for your protection but if you decide to excercise that right you'll find out real fast how much the police dispise you & how they have absolutely zero respect for the law or your God given rights. Excercising your rights is something that absolutely infuriates the policie. If you don't believe me just try it the next time you get pulled over.
Making a brief statement MAY have been good advice up until a couple years ago but now, in this political environment I am going with not saying a motherfucking word to anyone that IS NOT MY LAWYER!
Massad is very passionate about law abiding citizens and keeping them informed.
Interesting how MA brought up the Armed Attys who are on IG too 🤳🏼. I've watched their video content now for around 12mo. More ccw users & armed officers: security, LE, corrections need to understand case law 📂 legal use of force events.
Yea, he's a good cop. But he's also an advocate for the cops, and there are way more crooks among cops than he lets on. Your lawyer is your advocate. That nice detective who acts like your friend is not your advocate. Their job is important. In my view, waiving your rights does not generally help them.
I'd have to disagree with saying anything right then and there.
Request to be taken to the hospital immediately, and buy yourself some breathing room and collect your thoughts before you speak to any corporate mercenaries.
The police and courts don't care about your story, they just want someone to charge with something so they can make money on the ordeal.
Of course, my opinion is different (and shit) because my local police have basically neutered my right to carry at all, because they will execute anyone with a gun that isn't 'them'.
Say nothing of the fact that NO attorney is on your side and going to work for YOU.
They work for the wealth of themselves and the courts, that's it. (These people hold stock shares in their local prisons... They aren't going to work against putting you in there to raise their worth.)
And police don't have to give (much) of a statement. The AG will always side with them, no matter the circumstance. We have proof of police commiting murder in my own state and NOT ONCE has the AG decided against his 'police'. (They want to keep the minions doing their dirty work, not prosecute them. It's much more lucrative to put YOU in jail than to lose one of their mercs.)
Modern American 'authorities' CANNOT be trusted with your wellbeing or the truth.
This is the sad truth of our country today.
More people need to study their #strawman and the #unitedstatesincorporated .
I'd rather spend days in jail then fall for a law enforcement officers (non-truth) trick and spend the rest of my life in prison. Weigh your options people. 1 word. Lawyer
The cops have immunity, and always investigate themselves and find they did nothing wrong. So, that point it mute. Both of carry insurance companies say the say thing. Give your name, and call them. Do not say another word to the cops. The less you say the better.
Most people are not as eloquent as you. Bad advice Ayoob. Wait for attorney. Your life is worth a few days in jail vs saying something stupid.
Terrible advice. Always demand a lawyer. Never make a statement.
8:19 The problem is that a citizen who is intending to follow the law but goes afoul in some way unknown to them. The brief statement advice works only if you KNOW that nothing you've done is criminal, which you'd have to be a lawyer to be sure of (even then maybe not). I've watched lots of videos on this topic and neither side has ever given me a strong position.
The strong position is to not give any statements until you have a lawyer present that can help facilitate your communication with authorities. Lawyers help balance the power imbalance.
Ideally if you can give a perfect statement after a serious incident this may be good advice. However unless you routinely shoot people you will be in a state of shock and reduced mental capacity after an incident. It would be very easy to say one wrong word that causes a cop to misinterpret or misunderstand what happened and all the sudden you are arrested and put on trial. Yes you will probably get arrested if you say absolutely nothing, but you won't get wrongfully convicted for saying the wrong word.
I think he would counter people make mistakes. If no one ever made mistakes then innocent people would never get arrested and good people would never make mistakes. I have great respect for you, but you can’t guarantee that you will never make a mistake. Yet you go armed.
The guy spent weeks in jail untill a hearing and he was dismissed, an office said if he had known this would not have happened. Where was this guys attorney, he should have been out within 24 hours.
Likely didn’t have one and public defenders suck.
@@elix901 Yep they charge a lot money 💰
Weekend, plus one day if it is a holiday. I take anything with a grain of sand from somebody that claimed they killed a snake by missing it. Thunder Ranch did a video proving it to be a lie.
@@waynecastleman1363 My first Attorney was also a friend, and one of the nuggets of wisdom he gave me before passing on to a better place was this: "The jails are full of poor people whose biggest mistake was not paying for a decent Attorney."
IDK, if he couldn't afford one, a public defender should have been assigned to him.
"You have the right to remain SILENT." Use it!!!! Never talk to the Cops until you talk to your lawyer. I support law enforcement, but the reality is they are NOT your friend and NOT on your side.
I still believe you never talk to the police!
You know you look like an unhinged crazy person when you start yelling at the camera!!!
This video evokes dissonance. I've literally heard many lawyers and even cops say, don't speak because you might incriminate yourself DESPITE being totally innocent. You can never talk a cop out of arresting you, when he's already made his mind up to charge you. I have a ton of respect for Massad, but it's downright scary to know the cops are professionally trained in using what you share AGAINST YOU. I really pray i never ever have to defend myself in that manner and be put in a situation as difficult as that. I have to trust my attorney over myself in handing whatever the investigating personnel wants to write. I'm not going to make my attorney's job any harder than it has to be.
It’s not that bad. Maybe you don’t understand because you aren’t a cop? But when someone has potentially committed a crime and they’re being confronted sometimes they tell their story and it makes sense and you believe them. Sometimes they bring up a weird detail or say something weird that doesn’t line up and from there it’s hard to turn back because you already decided the person you’re talking to is lying
@@jeffpraterJSFyes exactly. You’re cops. I’m not going to take advice on protecting myself from cops, from the cops. That’s what lawyers are for. If there’s a 1 in 100 chance I get a bad cop who wants to ruin my life, well those are worse odds than being in a defense shooting in the first place. And I think way more than 1 in 100 cops are bad.
@jeffpraterJSF Maybe you don't understand that my brother is 30 years into a law enforcement career that includes internal affairs, narcotics, chief of police, and currently working with the states attorney's investigation unit investigating homicides and major crimes.. trust me, I do understand what I NEED TO DO TO PROTECT ME.
@@truckpilot01 you are you, not your brother. Also that’s literally the point of this video. He says that many lawyers and cops will tell you to not say anything. But reality tells you that’s how you end up in jail for 6 days until your lawyer gets you out. If you say a brief statement that describes you as the victim then you probably won’t be charged with anything in the first place. Something like “I was just walking into the store and he came running at me with a knife raised up saying I’m gonna kill you.” And then when he continues asking questions say “I don’t wanna answer any more questions right now but I will in the future with a lawyer present.”
I once had a gun case back in 2010. Told the truth to the responding officers from the Austin Police in Texas. The police charged me with deadly conduct for shooting at a guy trying to run me off the road. Went to talk to the detective Dominguez, Steve. Told him my story charged me with 1st degree Agg/deadly weapon. The detective didn't have the courage to tell about the charged up grade until after the interview. My attorney Mr Gerald Smith saved me from going to prison because a punk kid and a coward detective. Got all the reports on paper but curious why the videos were destroyed? Don't talk to the police, call for your attorney!
"Anything you say can and will be used against you in a court of law." And any tiny misstatement you accidentally make to the police can be twisted around to make you look guilty.
Miranda comes into play after you've been arrested.By then, you better remain silent. However, if you want to avoid arrest, the "brief statement" may work to your benefit.
@@Mr_Snarkyare you saying statements you make before you're arrested can't be used against you?
@@TMTLNETG Not at all. That's why it would be prudent to follow the advice that Mas is giving, and not say anything more than what's necessary to keep from being arrested.
Be polite. Say nothing.
Never talk to the police. Call an attorney immediately. Don't listen to this shit.
The first thing you should do in a self defense situation is piss/soil your pants. This would indicate a fight or flight response. Key evidence that you were most certainly afraid for your life.
And if you shit yourself they may not want to talk to you anyway or take you to their office.
Excellent! Thanks Mas for sharing your knowlege and wisdom. Its priceless.👍
Never talk to the cops period. Not that hard.
I have to agree with the middle ground to say almost nothing. I've seen people walk themselves into jail using their mouths!
That brief statement is just an opening for you and cop to start a verbal sparring match which you will not win. You think the cop won't interrupt that statement with all kind of questions and statements meant to incriminate you? Heck they do that even in simple traffic stops.
@@MrWebster yet you dont have to answer the police questions
@@bigboots6114 In that case say nothing to begin with.
@@MrWebsterits a choice you have because nowadays DA's will go after you
@@MrWebster If that happened I'd just respectfully ask to not be interrupted and if incapable, please have an officer assigned to take my statement that can professionally do so.
I am a member of US Law Shield, and the attorneys who teach classes on what to do after the shooting. They all say that you give minimum information at the scene.
Exactly. Any more than that you are too likely to get mixed up on something due to too much adrenaline.
NEVER talk to the police!
Very powerful content. Thanks!
Before I received my conceal carry permit over 30 years ago, I purchased and read the guide recommended by the Sheriff's Office "A Consolidated Guide To Firearms Laws & Licensing". It was a must-read at the time.
Massad's 2nd Edition "Deadly Force" was so far beyond that old guide that I would go as far as to say that anyone carrying without knowing the concepts in that book should not be doing so.
This video touches on Chapter 14, "After the Shooting". But there is so much more mental preparedness needed that everyone needs throughout those pages.
It can’t be easy to boil down such a complex subject into something that the average citizen can absorb. Thank you, Massad!
I think an important distinction is that Masaad is saying to make a statement, he’s NOT saying “Answer Questions”! See the difference? He’s advocating for giving the police pertinent information and then shut up and DON’T Answer Questions! Which I think is the best option, once you make the statement as explained by Masaad, then explain before I answer any of your questions I’ll need to have an attorney, and do everything you can to resist Answering Questions
The take away from that kid shooting and keeping quiet....He got a case dismissed. Now....was this case dismissed with or without prejudice? If the case was dismissed WITH prejudice....this kid WON big. Double jeopardy means even if they found out it was a drug deal gone bad....he can never be tried again for it. Thats worth a couple days in jail and WORTH the dismissal.
I’ve asked this question and it’s not the most popular and my YT question was used in a hearing, which I consider a badge of honor. In West Virginia (civil rights lawyer YT channel) there’s a squad of derelict cops who break into homes illegally, photograph guns, go thru other people belongings dump out human remains, test those urn ashes for drugs, and I simply asked what if the homeowner came home and greased the two lawless invaders who didn’t have a warrant and broke into the home thru the window AC unit??? Their badges weren’t visible on the home video and it’s a legit question.
Minnesota Lawyer regarding state law: "Is there a simple definition of legal self-defense? No. That is the most asked question. People wish for simplicity, understandably. But there is no bright-line test in the law, when it comes to self-defense." All the more reason to remain silent, so you don't accidentally say a wrong words.
I just watched a video and I am really concerned. The video covered a bunch of topics but the one that got me was a point about De-Escalation. Now I have heard that Police are supposed to try to De-Escalate a situation, but the two lawyers in this video made the comment that some of their clients (not Police Officers), were asked why they did try to De-Escalate the situation before shooting the Armed person that broke into their home. This is very disturbing, someone breaks into my home armed with a weapon, (Gun or Knife), and I am expected to try to talk this person out of killing me. Am I the only one who thinks this is nuts??? ua-cam.com/video/7vXeUUEDpvM/v-deo.html
I've noticed that criminal lawyers say never talked to the police but self-defense lawyers always say give a brief statement, no details.
Self defense lawyers certainly don't 'all' say that.
And Mas isn't a lawyer, he's a cop. When the cops shoot someone, what do they do? Use their special safety period they have a special "right" to and talk to a lawyer.
There are no self defense lawyers, only criminal defense lawyers. You, as the pesky citizen, have no idea if you commited a crime, even if what you did was 'right', it could still be criminal. Never represent yourself.
@@morgan3688 never did I say " represent yourself". The system just favors that in so many ways, not the least of which is denying self-represented defendants the ability to make statements that can't be used to impeach them like an attorney can.
I'd say too as a security officer/armed (G) & veteran- MP enlisted 4yr, try TRY to remain calm, don't use slang or profanities 🤬. LE officers arrive on scenes; DV cases, traffic accidents/deaths, beatings. They will shut down or become hostile if you are irate, crying-emotional or yell. I had a 2023 incident in CoDB.us which led to a suspect's felony arrest 📂. The 2 young PD officers on scene were highly unethical, un-caring. I'd add the police Lt, watch commander never came on scene.
@roflchopter11 Florida and the unions do grant a "cooling" off period. I'd add look at the FL vs Reeve case. The high profile 🍿 murder case. Reeve a older retired LE officer & security executive shot a attacker in a movie theater. That court case took 8 + years. Some critized patrol 🚓 officers for the slanted way they treated Reeve on scene.
Love Critical Mass! Excellent advice.
His advice is horrible. He should stick to shilling for Bill Wilson. Saying ANYTHING to the police (other than "I will cooperate fully after speaking to my attorney") is simply wrong and dangerous. Ayoob's attempt to rewrite history as to what he has said numerous times is both pathetic and a lie.
Mas, is a former police officer. Never speak without a lawyer. There have been documented cases of police going after the innocent subject, who doesnt shut up, sllows them into the house, and police charge him eith other crimes.
He expressly said if you are a criminal, then don't speak to the police. His advice is for law-abiding citizens.
And you're not an experienced police officer, or a lawyer, or an experienced expert court witness in hundreds of shooting cases - but we should follow your advice over Massad Ayoobs?
He was an honorary police officer. Kind of like honorary degree.
Mas,
Always great to hear you, sir! As both a combat infantry man in Vietnam, special forces, army ranger involved in more than one shooting in combat. As a certified Peace Officer in the state of Texas, US Army, criminal investigator, a Texas district attorney investigator. I’ve also been involved in more than one LEO shooting. I couldn’t agree more with what you relayed in this video to everyone who cares to listen. I think it would be the rare law enforcement official, who would go to any length to get someone to incriminate themselves in a self-defense shooting I know I never would have and no one I ever worked with would have. We would have gotten what we needed. Made sure they didn’t need any medical or mental health treatment, because, as you well know, the effects of taking another persons life are immense. The brief statement is exactly what needs to be said. After all of my critical incidents after calling for back up, and an ambulance, no matter what an ambulance, the next call, I asked to be made was to the Texas Ranger. And I have the great fortune of having, an outstanding Texas Ranger investigate my shootings in the panhandle of Texas. Thank you very much Mas for what you done to keep all of us out of jail! L O L!
Thank you for your service.
Massad is right, IF you can shut up after giving the brief statement. Some people cannot. As Ron White said, “I had the right to remain silent, but I didn’t have the ability.”
The five points that you lay out of what to do when the police arrive after you shot somebody in self-defense make total sense. That’s also assuming that the shock of the situation and its aftermath can be properly managed by the individual involved. This is only a guess but I’m fairly certain that the average person would probably be confused and traumatized by the
event. As a rule I don’t trust police officers because I know for a fact that they will use everything you say against you. I also know that district attorneys will do everything they can to convict you. Given all of these reasons, I think that it’s probably best to hold your tongue until you’ve retained an attorney.
Never talk to the police
I am so happy my Lawyer is my neighbor.
Give us his number and name
The garrity warning seems to be very similar to your Miranda Rights.. from my research it seems that they can plead the fifth using garrity and not speak about what has happened and cannot be reprimanded or fired for it.. so my question is why does law enforcement have gerrity rights. But citizens have Miranda.. 1 set of rules for us and a different set of rules for you....
You are intentionally mis-representing what you have said for years. Honesty matters!!!! Say nothing but that you will cooperate after meeting with your lawyer.
I, very sadly live in Commiefornia. In a self-defense shooting where the attacker is killed, you are mandatorily arrested. I’m a member of CCW Safe and since the police are arresting me anyway, shouldn’t I save my chat with the police until I’ve spoken with my attorney?
Yes absolutely. You have to have time to let everything dwindle down so you make sure that anytime you have something to say it stays consistent. When you are high on adrenaline right after a critical incident it’s too easy to screw something up and law enforcement and prosecutors enjoy making a big deal out of just a tiny thing. That could be the difference between you walking out and keeping your 2A rights or being in prison. Even though you are within the law completely.
I'd agree with Ayoob or any other 2A lawyer, use of force cadre who'd say provide the basics, but be honest if you need to move or protect-preserve evidence; magazines, spent cases, weapons(attacker), any drugs-drug items if the suspect drop them. I 💯 guarantee in a US urban area or city, some street scamp or by stander will yip & yap about you or lie about actual events.
Very poor advice if you reside in California
Thanks Massad. Always interesting and your message is heard.
I've listened to Massad's perspective, have read his book, read Duane's right to remain innocent book, and have listened to Victor and Branca for years now. Unfortunately (or fortunately?), it seems both could be right, but you don't know until after your defensive situation. A GM instructor I had a handgun lesson with said he talked to the cops after a man came on his property with a machete and he drew his gun on the guy to get him to go away. Charges were never filed against him. However, a very different story could have played out from talking to the cops. What if the machete guy called the cops himself and said "some guy just pointed his gun at me while I was parked on the road". Combine that with the defender basically admitting to potential aggravated assault and an anti gun cop and prosecutor, and you've got a recipe for arrest and charges.
Ayoob's advice essentially relies on you dealing with benevolent law enforcement. If you're dealing with anyone anti-gun or anti-self-defense, then you're in trouble at the best of times, but having said absolutely nothing to the police is very beneficial. Odds are that right after the biggest adrenaline dump of your life you're not in the state of mind to stick to the brief statement as he describes it, you're going to make mistakes, and whereas a reasonable officer and prosecutor might understand and not make anything of it, a malevolent one will charge and possibly convict you off of just that.
An example pointed out by Runkle of the Bailey about how saying nothing can be useful is that if you have several people in a house and you shoot an intruder, then so long as none of you say anything, the police knows someone shot the guy but can't pin it on anyone specifically. Point being that the advantage of having said nothing can come from such an unexpected angle that in the moment you'll never know.
You can always say things later if you must. I think witnesses and evidence can probably be pointed out without actually saying anything as to what happened. Perhaps using lines such as "I'd rather not say anything, but maybe that guy over there can tell you something. Oh, and don't step on those casings over there".
As for the guy who sat in jail for a while before his hearing, well, maybe had he gotten unlucky with the prosecutor, he would have stayed in that jail for many years longer if he'd said something and fumbled it.
I wonder if this scenario you pointed out could pertain to the informal maxim I've heard where the first person to call 911 is most likely to be considered the victim.
“If you don’t know what a good shoot is, what the hell are you doing walking around in public with a loaded gun”. What?!😂🤣😂🤣 Kind of a moronic statement if I may be so blunt. Cops walk around with a loaded weapon in public and quite often as has been proven with body cams, if we’re being honest here, cops have many questionable shootings. Even it was just a “mistake”. Are you saying a citizen can’t and won’t make a mistake too? If those “highly trained professionals” (with a 30% hit ratio AT BEST) can screw up, don’t you think it’s possible a citizen can make a mistake. I’m not saying the cops do it on purpose. Just like a citizen isn’t doing it on purpose. But cops have qualified immunity on their side. And yes, qualified immunity has saved many officers from prison, even if that’s not what it was designed for. Citizens don’t have qualified immunity. So our only hope is our right to remain silent. In my opinion, Mr. Ayoob has a very myopic view about making “brief statements” to the cops. It’s almost like he’s saying “in a perfect world”. But the world, the cops and the courts aren’t perfect. You know what IS perfect? Your right to remain silent.
Good luck with that professor…
if you have a 1911 though its probobly better to not shoot it ever under any circumstance it will damage the gun
Nothing worse than bad humor.
good video, but not talking you wont hurt yourself any more, but a brief statement you might say something wrong (that's a fact)
I love following Massad.
Most of us on here are experienced shooters and practice both self defense and home defense situations on a regular basis. However it is information like this that can be critical to not having to be removed from your family that you had just protected.
This is pure gold...please pay attention.
Yeah - I've been shooting for 45 years now, but sometimes I watch his videos and feel like I've never even saw a gun before.
Being arrested is FAR from the worst case. Going to prison for decades is. That's what ACTUAL defense attorneys are trying to avoid. They don't care if you get arrested (at least at a high level) - they want to keep you out of prison. That should be your goal too. You don't know at the time if others will view this as a good shoot.
I would say Ayoob is correct when dealing with intelligent, calm people. If you don't fit those criteria, make yourselves fit that description long before this situation manifest.
Agreed, I think that's an important detail. If you are incapable of controlling yourself (i.e. your mouth), shut up...if possible.
It's critical to note here that the calmest and most intelligent people in the world might not be all that calm and intelligent right after the biggest adrenaline dump of their life.
So after doubling and tripling down on the WORST advse ever given, you try to backtrack a little bit. Please don't lie and say you are "in the middle." I rewatched your earlier videos and you clearly said you should explain your position completely, Even defense attorneys who specialize in these cases will tell you to shut your mouth. NOTHING you say can help and any mistake can be devastating., Try being honest. The best advice is to say this....."I intend to cooperate fully but I'd like to speak with my attorney first."
nobody is forcing you to take his advice
I had a self defense shooting. I remembered Mr Ayoob's advice. The man that I had to shoot passed away, I didn't go to jail.
Just wanted to say thank you for the experience and advice on this channel.
How much did your legal fees cost
@@jason200912 Nothing.
There was no trial.
I do carry FLP, and got a lawyer at no cost.
But the police took my case to the District Attorney as a self defense shooting.
The District Attorney reviewed the evidence and the case, and no charges were filed.
Without getting into too much detail, I should state the man was caught on camera threatening me with a weapon, and advancing on me.
So, it was fairly open and shut.
I did not know about the camera evidence until after the district attorney declined charges.
Never talk to the police! Ever! Have your attorney speak on your behalf or don't include the police at all.
A brief statement would be I feared of permanent bodily injuries or death , then envoke the 5 th until you talk to ur lawyer
I'm 71. I carry every day. In my community I'm known as a former Judo Sensei, having even taught off duty cops. I still look formidable. I know if I ever discharge my firearm anywhere but on the range two things will happen; I'll be without my weapon and in handcuffs. I see that as a fair trade to prevent my demise. Regardless of the change in Florida law comically referred to as 'stand your ground' I'll suffer the question; "was this necessary for you?' See I'm not the type that's a victim of bullies that get their rocks off intimidating others. Attacking someone of my size and background only happens with 'very' serious intent. In fact, that means the chances of me using my pistol are extremely small. Why then do I carry it; some would ask? Same reason I carry a fire extinguisher and a 1 ton jack in my saddle bags; some day I might need them.
We need a workshop on what a brief statement sounds like, and perhaps some practice writing exercises and role playing with various personality types typically seen in the field of law enforcement. Thank you.
Retired FTO/PPO, and doing my due diligence, my renewal for Armed Citizens is coming up. While I wasn't planning on jumping ship, I do shop around every year to see what else is new and their assorted angles. Knowing what I do about field investigations, I'm 100% on board with the Brief Statement, or as every training officer will tell you, 'Just The Facts, Jack'.
Point of the matter here, the singular highlight in this video for me was the point of view of 'the brass' on these defensive shooting coverage companies and what they tell their members. Knowing that weeds out future trouble indeed, but from the consumer side, Mas saved me A Lot of digging on that point as you'll likely not find that on the plan literature.
This is terribly bad advise.
What are you doing here? “Nothing”. That answer I gave was literally used against me as a teenager in a criminal case. Do not answer any questions. It’s right there, ANYTHING YOU SAY CAN AND WILL BE USED AGAINST YOU.
I never go to my door to answer with out my gun unless I'm expecting someone, I lived in a small town In tennessee back in the early 2000's, someone knocked on my door when I opened the door a neighbor that lived down the street that was kind of mental force the door towards I stepped back and drew my weapon and said you can go home alive or you can go injured he stepped back and walked away I notified local police they went and talk to the guy after getting my statement then came back and asked if I want him arrested I told them no I just don't want him on my property again they advised him never heard from him again the police thanked for not shooting him I gave him a choice he picked the right one I told the officers, nothing further of it anymore