The fact that you are a retired cop and telling us not to say shit To the police Not that I ever do anyway Tells us all we need to know about the Justice system And how we could never trust it
@@reginaldjames3940 while their experience may be valuable, remember that law enforcement perspective (retired or otherwise) is going to be separated from the rest of us. separate for the simple reason that their goals and conditioning are fundamentally different
I’ve carried concealed for 38 years. Every day. I’ve never had to pull my weapon and pray I never have to. I would only do so if my life was in imminent danger. I don’t put myself in danger situations, I avoid conflict, head on a swivel all the time. People say oh you must be afraid etc etc, I say no, not at all, I’m just prepared for the what if. If you carry, get yourself carry insurance and hope you never need it. If something does happen, state you were in fear for your life, and that you’ll answer all their questions once your attorney arrives. Then shut up.
@@jogo7010 Your clearly delusional. You ever needed a fire extinguisher during a house fire? Most likely not, but I bet if you had a house fire you sure would have wish you did have an extinguisher.
@@jogo7010 Not sure if you deleted your post or it was removed but …firepower people are accumulating… be real. Look at these last two news incidents in California and now New York. Both have some of the strictest gun laws and it doesn’t stop bad people from doing bad things. I don’t bring a screw driver to change a tire, I have the right tool for the job and that’s whatever I feel necessary.
Your philosophy of concealed carry in the US is quite sound. I would only modify that penultimate remark by instead saying "I will not make a statement unless and until directed by my attorney." Never, ever promise the police you will say anything. That last statement you wrote is perfect.
The best defense is to know your surroundings be aware. Make eye contact and do your best not to place your self in the wrong place at the wrong time. Heads up, off your phone and walk confident You will be less likely to be that victim and need this information. Good luck and God bless.
This is incredible advice from the extremely wise Massad Ayoob and this information should be embeds common sense for any law abiding armed citizen. After all the information I’ve recently come across I believe that I’m going to cancel my USCCA membership as there are serious concerns with their coverage or lack thereof.
Pretty much the only thing Mr. Ayoob said that I vehemently disagree with. Say NOTHING to the police. Only give them your name, that you were attacked and your life was threatened. And that’s it! It is your right to remain silent and to have your lawyer present during any statement. Remaining silent CANNOT be used against you in a court of law. But anything you say CAN be used against you. When a police officer is involved in an officer involved shooting, they are to,d to go sit in the cruiser, turn your camera off and shut up. Why is that wrong for us as citizens. It’ s not.
I've carried a fire arm for 37 years in law enforcement and 2 years in retirement. Fortunately I've never had to discharge my weapon. I continue to watch these videos for the spiritual help I may need someday. Our society gets more violent by the days. Thank you gentlemen for your continued efforts in giving insights on how one should be prepared to conduct himself in explaining a combat situation. I also read some of comments from some of the other listeners. They're quite helpful. Once again, thank you.
It's really not. Lawyers who defend people, even on self defense cases, say that you shouldn't talk to police ever. And I think they know a little more about the law, it's process and what's good for you then Mas here.
@@donmittlestaedt1117 What sort of mindless response is this. I was law enforcement? I have an axe to grind? I heard what Mas said. He's telling you to tell the police why you shot the guy. That's fucking stupid. What you should do is you should say at most "I called police because this matter needs to be handled by them." That's all. Then wait for your lawyer.
NOOOO!!! Your lawyer will keep you silent. Then 6 months later the cop will tell the jury that you said you'd talk when your lawyer gets there, but after you spoke to your lawyer you decided to remain silent...hmmm...what did this suspect tell a lawyer that led to no comment ??? Hmmmm.
@@fproszek yeah. Go watch attorneys respond to Ayoob’s advice here and you’ll quickly realize that you shouldn’t take it. I have the utmost respect for Ayoob, and I used to think this specific advice was wise. I no longer think that. His very first point is entirely wrong. The idea that a prosecutor is going to say “you’re telling me you were innocent and didn’t inform the police of other dangerous individuals?” would never happen. Your decision to remain silent cannot be used against you. If the state attempts that line, then you at the very least have a mistrial, and possibly a dismissal. The idea of saying “I’ll fully corporate” though CAN be used against if after you talk to your lawyer, and he suggests not making a statement or testifying, then the state likely CAN say “he said he’d make a statement, and testify, and he didn’t. Why?” Which does not look good to a jury. You are burying yourself by talking and limiting the options your attorney has in terms of strategy. Ayoob is talking from a cops perspective. But you know what the policy is from the Fraternal Order of Police is when an officer is involved in a deadly force incident? To shut up…
@@randomutubr222 You are exactly right. You should go to the Active Self Protection Extra channel to hear Attorney Mark Victor counter what Massad Ayboop is saying.
Prosecution: "Did the defendant say he would cooperate fully with the investigation?" Cop: "Yes he did, after certain demands were met which I gave in to." Prosecutor: "After you gave into his demands did he keep that promise?" Cop: "No he did not. He broke his promise." Prosecutor: "Would you consider this to be a form of dishonesty" Cop: "Yes I would, he was extremely dishonest and evasive with me." Anything you've got to tell the police you can relay through your lawyer.
He's knowledge, however, many credible lawyers will tell you to say nothing or simply repeat that you wish to consult a lawyer. Simple words can be used against you by a prosector. The police may intend to present the facts... The prosecutor will twist everything you say to convict you of something. The legal system is now about convictions, not the truth....
When you said the two recent events in Wisconsin, I take it you meant the last rigged Presidential election and the recall attempt on the Governor that was rigged to fail.
That ain't no kidding! Fortunately in the case of Rittenhouse, the jury didn't buy the prosecution's arguments, but it could just as easily have gone the other way.
@@riblets1968 Rittenhouse felt competent with a rifle and was just waiting for some of those rioters who had had free rein for months to give him a reason to use lethal force in self-defense. Well, he got what he wanted. Self-defense or not, he went looking for the trouble he found, and he should've gone to jail for that.
@@alexanderzerka8477 According to you, Rittinhouse did nothing illegal and the rioters gave him reason to use lethal force. Then you conclude that he should have gone to jail. You are so stunning and brave!
1:48 "establish the active dynamic" (describe what happened) 2:54 establish that you will testify against the perp. 3:16 Point out evidence ASAP, before it gets disturbed 5:19 Point out the witnesses 6:04 Answer no further questions 'til counselled
@@MrCrimenews Crime scenes are usually done within hours or maybe a couple days. You expect a lawyer or PI to get to the scene, be allowed to access it and then point out relevant things before evidence is altered/destroyed by EMS, cops, etc. I see what you are saying but you are risking having evidence critical to your defence being altered or destroyed, unless you happen to be walking with your attorney at the time the event happened. This isn't an all one way or the other thing.
One thing to remember is that not saying something can’t be held against you because of the 5th amendment. They tried to do that to Kyle Rittenhouse and it got thrown out because of that 5th amendment.
Whatever happened to innocent until proven guilty in this country The information you are giving us is spot on thank you But this is getting way out of control when the cops want to do nothing but charge you with murder
As a non-professional and a analytical thinker .I suggest soon as a shooting occurs take pictures with your phone from where your standing of assailant and his or her weapon. place a wallet, car keys ,a coin, anything where your feet are. step back and take a picture of the area with the item you placed where your feet were .the body of the attacker with shell casings and weapons, that were used against you. everything in the photographs. do not show them to the police only to your defense attorney. This way the Integrity of the crime scene will be upheld
Great advice!! Also worth noting that witness perception can be framed to help u, yelling something truthful like, “WOW did u guys see that guy in the red shirt attack me/my wife/etc. forcing me to defend myself!!??” That may sound trite but that simple utterance could go a very long way to helping u stay free!!
Questions… I own a SF92. I bought a conversion kit to make it a 22. It was supposed to be plug-and-play (It wasn’t). Beretta said send us the gun…6-months later they still have my gun. Are there law firms that handle things like this… I want my gun back?
Just think about the fact that any unlawful breaking in of any domicile, has the actual scared homeowner defending themselves and seemingly having to prove their own innocence, versus the actual person(s) doing the criminal activity? Baring all the other numerous scenarios, what is wrong with this single picture? And can you truly be called a "free citizen" in any country yo live in under these conditions?
This turns out to be terrible advice if you ask any defense counsel. And I understand why. The cops aren't trying to exonerate you and your assisting them with collecting evidence at all just makes it easier for them to build a case against you.
@Tom Gulbranson that's a really irrelevant argument. Not surprising. His utility as a witness that says something favorable is not related to his utility as a legal advice giver. They're totally different topics which you obviously don't care about since you preferred to make an intellectually dishonesy reply.
@Tom Gulbranson are you saying he didn't explain his views in the video? I'm not surprised defense attorneys call him. Here's the thought process: "my client said and did something totally stupid. Now I need to find someone credible sounding that defends doing things that are stupid."
It strikes me that in some cases, Mas's advice is good. In some cases, it is not. For example, I have not seen a study but I could imagine a cooperating witness might be exonerated more quickly. Days, not weeks or months. So his advice is probably good in many "good" shoots. But in cases where you are in real jeopardy, it strikes me as risky and you may in fact give them the sound byte that will hang you.
"Officer(s), with great respect, I decline to make a statement and I will only speak with and through my attorney." Ayoob is 100% wrong here. Unfortunately, his well-deserved credibility in the firearms sphere may give him more credibility than he deserves in the area of legal advice.
People will blindly follow Ayoob... Don't be a fool...his biased opinions are monumental, he'll side with the police and their corrupt unions every time..
No matter what I say four words only, I WANT A LAWYER! I say it respectfully and you can blame your retired lawyer uncle for that. They can’t use that against you in court. What you do say you can count on them changing your words to fit their narrative. They don’t get commendations for letting justifiable shooters go. They do get awards for murder arrests even if the accused is later acquitted in court. The cops are not your friends although you could have many that would treat you fair. Don’t gamble! Saying you shot out of fear for your life will often be treated as a full confession.
@Tom Gulbranson I was a Chicago cop for 12 years! I’ve been a licensed private investigator since 1981! I specialize in criminal defense investigation of self defense cases where people are wrongfully charged with murder, manslaughter or aggravated assault and battery. What’s your expertise Tom?
@Tom Gulbranson congratulations, you’ve got zero criminal defense experience. I’ll stick with the hundreds of lawyers I’ve worked with for decades. I have you beat by 20 years overall. Your Florida ghettos are no match foe Chicago... being a police policy writer does not make you an expert in Criminal Defense....
I hacked policing fine! I just made more money as a PI...I also gained freedom and independence from local politicians that have all but destroyed police work in every large American city. Smile you’re on Candid Camera!
@Tom Gulbranson save you face and trouble. I’ve seen the failure of talking to police and more importantly how people that kept their mouths shut listening to their lawyers avoided arrest, indictment and expensive trials. You obviously don’t give a rats ass about decent people defending themselves. Please give me one single criminal defense lawyer’s name that advises that it’s somehow beneficial to talk to police. I’m waiting patiently...
I had to use pepper spray on someone in self-defense, and if I just clammed up and said nothing, I would have eaten dinner in jail that night instead of eating it at home.
Yeah I know who Kitty Genovese was and 18 years ago armed with nothing more than a pizza delivery bag loaded with 2 large pizzas(honestly) I was able to frighten a career mugger away from a diner who just left the place were I worked. At trial, the mugger, who had mugged a dozen other ladies, including one that had lost one kidney because of his actions got over 20 years, and probably served half of them(welcome to California). But you do what can with what you got when the need arises.
The only thing I’ll say to the police is “officer, I’m very upset right now and I need a lawyer “. I don’t care if I have to spend the night in jail, a week or longer. They have to feed me, make sure I get my meds and make sure I’m safe. Otherwise it’s their ass. I’ll hire the most pit-bull lawyer I can to sue them if they don’t. You not saying anything can’t be used against you in court.
Here's another: Don't live in a state which doesn't allow you to arm yourself in public ... or which seeks to defund the police ... or limits your rights under the law. If you live in a place like New York City or Chicago ... and you stay there for whatever reason ... you're putting yourself and your family in harm's way. Get out of there before you get accosted. Blue states in general put you at risk.
Anyone else keep confusing Massad Ayoob with Joe Kenda? Just listening to them, it's almost the exact same voice - and take away the goatee from Massad, they even look alike.
Once again this guy is not an attorney. He was a part time cop in a small town in NH. When the police come they are coming to help you if you are the victim. If you are the bad guy to arrest you. Some good advice if someone is breaking into your home dial 911 keep them on the phone so if have to you force the operator will hear and record what is occurring. Talk to real active members of law enforcement and the judicial system not some “expert “ who works for a gun chamnel
It almost makes you not want to call and report the incident to the police because all it does is put you in the hot seat and then having to pay legal fees for protecting yourself. Bureaucrats need to stay out of our legal system.
Go watch attorneys respond to Ayoob’s advice here and you’ll quickly realize that you shouldn’t take it. I have the utmost respect for Ayoob, and I used to think this specific advice was wise. I no longer think that. His very first point is entirely wrong. The idea that a prosecutor is going to say “you’re telling me you were innocent and didn’t inform the police of other dangerous individuals?” would never happen. Your decision to remain silent cannot be used against you. If the state attempts that line, then you at the very least have a mistrial, and possibly a dismissal. The idea of saying “I’ll fully corporate” though CAN be used against if after you talk to your lawyer, and he suggests not making a statement or testifying, then the state likely CAN say “he said he’d make a statement, and testify, and he didn’t. Why?” Which does not look good to a jury. You are burying yourself by talking and limiting the options your attorney has in terms of strategy. You also might not want to preserve witnesses or evidence. There could have been a guy who saw you shoot, but didn’t see the guy coming at you with a knife. He is being completely honest in his testimony of what he saw, but it might actually go against you. And if evidence is missing or tampered with, your attorney can use that in your defense to establish reasonable doubt. Ayoob is talking from a cops perspective. Not only that, but from a _good_ cops perspective. Most cops aren’t him (I’m not saying most cops are bad, but Ayoob is a very disciplined man). But you know what the policy is from the Fraternal Order of Police is when an officer is involved in a deadly force incident? To shut up… I know I’m going to get hate from his fans for saying this. But just know, I love Ayoob and have been following him for years and still look at him as a preeminent expert in the use of force. But I’m no longer convinced this particular system of statements he advocates for is wise. It’s more important to already have an attorney. You shouldn’t be looking through the phone book trying to find one after an incident. Find one, or join a CCW legal defense program so that you can talk to one who is a subject matter expert as soon as humanly possible. The scene will still be closed off and in the middle of investigation by the time this call is made… your lawyer can help you immediately and talk to police, talk to prosecutors, etc right away and help you clear things up in the best possible way. Just keep your mouth shut. The main thing Ayoob is trying to get across is to make a great first impression. That is wise advice. The problem is you can still make a great first impression with your first statement… after you have spoken with counsel. Doing it on the scene by yourself is most likely not the way you want to go about it. Again, don’t take my word for it. There are multiple videos of self defense attorneys on UA-cam responding to Ayoob’s ideas directly. Decide for yourself after watching them which makes more sense. After doing this, I went from planning on following his advice, to now plan on keeping my mouth shut and affirming that I want to speak with counsel as soon as I can. Talking too much to try and convince the cop on the scene isn’t the strategy you should be going for.
Yep. I have seen a few defense attorney's opinions on Ayoob's after-shooting advice and I believe their opinions are much more sound than Ayoob's and they have ample legal precedent to back them up. Moreover, whilst shopping for local defense attorneys myself--you know, just in case--the first thing he said to me was to shut up when the police arrive, then give him a call, no matter when and where. I put him on speed-dial. This was hypothetical of course, but I believed him. Fortunately I never needed his advice yet, but one never knows. Ayoob's advice may be good for the police, but for you as the (probable) criminal defendant, it's awful. Don't listen to this guy. He should stick to his shooting and training advice, which I find to be much more well-founded and useful.
I'll listen to someone like ayoob that has credentials as long as ur arm and over half a century of experience. I'm not saying he's 100% always correct but he is a well meaning, intelligent, and a wise man. Take his advice and do whatever u wanna do with it. Its up to u. He only wants to keep good people safe and out of jail and bad people n jail. If u actually listen he explains why he suggests as he does and they r important reasons. I won't explain it because he already did.
@@trentjacobs3957 Would you ever gamble at a casino where your best outcome is you break even and your situation remains unchanged? Yeah well as it turns out no one else would either.
@@ironDsteele I've never gambled a dollar n my life, which is why I want to stack the deck n my favor. If I can point out things that help show my innocence and their guilt and only that much, I will. Each has to make their own decisions though.
@Itachirevived One of his jobs, a significant amount of the time, is to b an expert defense witness. If u dont want them to have evidence that exonerates u or shows ur innocence, then don't say a word. That's up to u. He only explained to people how to point out the things that prove ur actions were within the law. Do with that what u will. Some lawyers r just mouthpieces, I'm sure u realize that. Some though, want to keep innocent people out of jail. If that entails pointing out how and why ur innocent, people can choose to do that. Ur welcome to do that, or not. I own every one of his books, and read them at least a few times. He's kept a hell of a lot of good people from rotting n a jail cell. If u don't want his advice, don't use it. Other people will and have benefited from his advice and words.
@Itachirevived Unless your versed enough to point out only that which helps exonerate u. There can only b incriminating evidence if you've done something incriminating. I've heard Ayoob say numerous times that he's as interested n defending good shoots as much as convicting those that act criminally, and I tend to agree. The justice system is imperfect, to say the least, which is why people need to do their best to open the eyes of the first on scene to the evidence that u r one of the "good guys". They r going to investigate and hopefully find the truth, helping them find truth is up to the individual. And he's not saying have a conversation without a lawyer either. He only said point out that which might disappear and concisely explain ur the victim because of what the attacker did. I'd say his advice is a hell of a lot more practical and useful than someone who hasn't worked n the justice system for over a half century. If there's someone who knows what works, it'd b someone who's been on the winning side hundreds of times.
Massad Ayoob will send you to prison with this advice. Here's what you're losing when you talk to the police: 1. "This man attacked me" -- You've just admitted you were at the scene and something violent happened. Sometimes this is obvious, but why not make the DA work to prove you didn't just stumble across the scene, or that the guy broke into your house and fell on a pile of bullets? It sounds silly, but you can't know in advance if the crime lab will lose your forensics, if a witness will withdraw, if. . . well, anything. Why close any of the doors your lawyer would like to push on later? 2. "Give a description. Not doing so affects your mantel of innocence." -- Don't worry about how you look to the police. You are under no obligation to help the police catch the other guy, and your failure to do so cannot be brought up in court. If you absolutely must get the information out, have your lawyer on the phone and let HIM tell the police about the other suspects. Again, it sounds weird, but there's a vast legal difference between something you said and something your lawyer said. In fact, later on it may be possible to use your description and cooperation to establish that you actually waived your right to remain silent, making it legal for the police to interrogate you for hours even after you said you wanted to remain silent. Also, at 2:35 Massad is showing off a breathtaking ignorance of how cross examination works. It is utterly forbidden for prosecutors to bring the issue of your silence up in front of a jury. If they do, it could be a mistrial. If they do it on purpose, it could be a mistrial with prejudice and you're free to go. 3. "Indicate you will testify" -- Now, that IS a statement that a prosecutor can put on the record. Now you've got a jury wondering why you told the cops you'd testify, but then you didn't. How about just not saying anything? You can't possibly know in advance what will happen. Even if you're not charged and the fleeing suspect is, suppose the DA decides not to call you. Then the defense attorney explicitly tells the jury in summation that the DA had your cooperation but didn't call you. Defense attorneys are allowed to comment on prosecutors' failure to call a logical witness, and your statement could hurt the prosecution. 4. "Point out evidence" -- Paramedics enter a scene when they are cleared by law enforcement, not before. LE controls the scene, no matter what is going on. This is even more true if you have an obvious corpse, who clearly doesn't need emergency medical attention. The scene commander declares a crime scene, a paramedic may be escorted in to pronounce death, and then the detectives do their thing. The body can be moved when it's safe. That said, lost evidence usually helps you, not the prosecution. If there's something you simply must tell them about, call your lawyer and ask him to tell the police to look behind the refrigerator or whatever. How your lawyer knew this can remain a mystery because attorney-client privilege. Or just take a picture of the shell casings or whatever. 5. "Point out witnesses" -- Better idea: Give the witnesses your attorney's business cards before the cops arrive and tell them they can leave. This way, your lawyer gets all the witness statements and only has to share the ones he plans to question in court. Any witnesses whose stories hurt you can just be tactfully left out of the file. Massad Ayoob. . . I know you have a business model where you offer bad advice to LARPers who like to imagine getting into defensive shootings, but you need to think about what you're doing. You are HURTING people with this stuff. Anyone who listens to you and does what you are saying will potentially talk themselves right into a homicide case. Or they could elevate a 2nd-degree manslaughter charge to 1st-degree murder. To anyone who doesn't know what to do after a defensive shooting, here's my advice: Ask somebody you trust (not yourself) to call 911 and report the emergency. When the responding officer sees the body, he can call medical and whatnot. You, when questioned about what's going on, respectfully tell the officer you can't make a statement without a lawyer present, then give the cop your lawyer's business card and ask for all contact to be through his office. Then shut the hell up and wait for your lawyer. This approach might buy you a ride to the county jail, but it also keeps destructive statements out of the hands of the prosecution. In other words, it could save you a lifetime in prison.
40 years ago with very minimal experience yourself working for a small department with just a handful of people including a Chief and his deputy in a state with a very small population mostly in small towns with one of the lowest crimes rates in the country (back then as it is today) and you develop a plan? I've had some folks ask to me watch your videos and frankly you are in need of updates. For objectivity how many police departments have paid you to defend their officer's actions and name a few of those departments. Likewise, how many officers have hired you themselves personally? Approximately. If an officer follows the law and their training & department SOP their department will be defending them. Violate either, they will hire a lawyer just like anyone else because they'll have been terminated from their jobs, probably indicted and sitting in jail. Somebody dead, cops show up, you claim responsibility, you're a suspect in a homicide, period. Incidentally that applies to with badge or without. Say nothing at all? That's one approach, certainly your Constitutional Right. Saying something, is better. Something -and then call your lawyer if you even have one. If you have the mindset to shoot somebody you should be in control of your faculties to make a very brief statement. If you can't, then possibly you are in for a very rocky ride. Nice concept that YOU are going to be telling the cops what to do on a scene or who is the suspect. Doesn't usually work that way however. Incidentally, how many homicides and shootings did you work as a cop anyway?
I find this information generally bad overall. This is a cop he is looking at it from a police standpoint not from a law. Telling people talking to a lawyer will make you look guilty that's just bull. You have a right to a lawyer. No prosicuter can use that against you. Never talk to the police even if it's to answer a question non related or if you think it will benefit you. Remember everything you say can and will be used against you. If you say somthing that justifies you to a cop it cant be used in your defence it can only be used against you. Police are the investigators prosecutors are the ones who make the case in court.
You’ll have my full cooperation can be a big mistake as that forces you if they want you to take the stand your lawyer might not want this so while I do respect this man I won’t take his advice after a shooting
Obviously, you are grossly mistaken as to Massad's meaning, or you don't know how a court of law works. "You'll have my full cooperation" means that you're not going to leave town or refuse to participate voluntarily in the judicial processes that may follow the shooting. There's no way you can be forced to take the stand, if you are a defendant facing criminal charges. If you're not charged with a crime, and you have not committed a crime... it WILL generally BE in your best interests, and that of the community at large, if you give testimony against the criminal who tried to kill you, which is what prompted you to shoot the bastard in the first place. Put it together, man. The bastard tried to kill you, or behaved in a manner that left you with no other plausible conclusion, but that he intended to use deadly force on you IMMEDIATELY... and you shot the bastard to prevent him from hurting you. Now you're in court... the cops have charged the bastard... and YOU are, THE... repeat "THE" person who caused the criminal report to be filed, and you're THE witness that SAW the assailant preparing to kill YOU... you're the REASON that son of a bitch is on trial for his criminal behavior toward you. WHY IN THE BLOODY HELL, would it NOT be in your best interests, to TELL THE COURT, 'exactly' what happened, on the stand?!? Why would it not be in your best interests to tell the cops what happened, so they'll know WHO needs to get the handcuffs?!
This guy does not know everything . Just say -- nothing--- . The police want to investigate ,let them without SAYING ANYTHING,nothing , at least have your lawyer with you everytime, everytime police want to talk--- cops can talk to your lawyer--- BE QUITE , DO NOT, DO NOT , DO NOT TAKE YO POLICE.
I have met Mr. Ayoob. He knows more about shootings and in particular self defense shootings than you will know in your lifetime. Mas is just saying to point out simple points that witnesses will screw up. You know, because you were involved from the very beginning, what happened. The cops just need to know some foundational information. As Mas said, shooting scenes get trashed and there is not the physical evidence that tells the whole story. From the start, you want the cops to have the mindset that you were acting in self defense. Clamming up, even though perfectly legal, won't gain the support of the cops.
This is horrible advice, and I'll attempt to explain why here. "Establish the Active Dynamic" - By describing what has happened, you may in fact be removing valid defenses that the prosecutor would have to defend against / prove that didn't occur. "Establish that you will Testify" - You're essentially feeding trigger words to the police officer to get them to think what you'd like them to. If that's the case, they're incompetent, and you would be far better NOT SAYING ANYTHING. "Establish the Evidence" - This is a bad idea, because it can inform the prosecutor as to what you knew at the time, which is ammo for him/her. If you are charged, the evidence, regardless of what you said about it, will be presented in a way against you. "Establish Witnesses." - Witnesses are notoriously bad for recalling events. They may in fact say things that HURT you. Don't do it. "Establish Silence" - The only one I agree with. You have to remember that if you have to help couch the police to the correct conclusion, they're incompetent, in which case you are better off NOT SAYING ANYTHING. Remember, the prosecutor has to prove you guilty and ANY information you provide to him/her only aids them in hurting you. If you feel you have to say something, I would recommend the following. "I'm sorry Detective, but I've heard stories about innocent men going to prison, and as such, I'll remain silent until my lawyer is present."
@Tom Gulbranson Yes, zero, because the lawyers, you know, the guys who actually defend you in court and know the law say you shouldn't talk to police ever. But this guy, without that knowledge somehow magically has found the best way. Educate yourself. It's not that hard.
@Tom Gulbranson Right. When Ayoob testifies, it is as a firearms expert, not as a law expert. In the video, is giving legal advice. You are confused about Ayoobs area of expertise. Ayoob has never been a defense lawyer, nor even any kind of lawyer. He's not an expert on the law.
Ayoob, a non-lawyer who served as a glorified meter maid on a 7-man police force, has no business dispensing legal advice. He is not a legal expert, and his advice goes against everything REAL attorneys say. The owner of this channel is putting people in danger by airing Ayoob's inane ditherings. When you're involved in a shooting, you call your lawyer, THEN call the police, then shut up. Most prison inmates are there because they talked to the police. Listen to Ayoob, and you can become one of them. As a lay person, you are not equipped to know whether or not the things you say are incriminating, and aside from that, the police will perjure themselves and say you said things you did not. It happens every day. The only way to be safe is to refuse to talk.
That's your opinion and misinformation. By the way: Ayoob is a legal expert on the use of deadly force and expert witness. Spend some time learning about the people you don't like before running your mouth.
sorry, but your advice will get the key thrown away. Having studied many cases and listened to actual experts in the field, I damn sure not going to take your stupid advice.
I no longer agree with much of what Massad says in this area, ESPECIALLY that you "will testify against this person." You may choose later that this is not in your best interest.
Here's what to say to the police: Nothing Nothing you say to the police can help you. Nothing. Ayoob's living in a fantasy world and anyone who takes his advice in this context is a complete fool.
Massad, your bitter sarcasm about the mental state of the victim is entirely unwarranted. No one can train adequately for any such situations. Look at what happens to so many fine cops under that same pressure!!!! You should video an apology.
Exactly. We practice so as to learn muscle memory. That way in a stress situation you don’t HAVE to think through each step. It’s supposed to be an automatic response. I also thought his comments were wrong.
Police are THEE worlds worst when it comes to not answering questions and lawyering up when being questioned about a shooting.. c'mon Ayoob.. you're embarrassing yourself.. you come off as so arrogant and biased it's ridiculous.
I’m a retired Police officer. I wouldn’t say crap to the police. Let them figure it out. “LAWYER”!!
Tks if you really are one
By the way I saw that it was fake cop shooting other black man video you posted I was glad to see it stay safe
The one in Chicago
The fact that you are a retired cop and telling us not to say shit To the police Not that I ever do anyway Tells us all we need to know about the Justice system And how we could never trust it
@@reginaldjames3940 while their experience may be valuable, remember that law enforcement perspective (retired or otherwise) is going to be separated from the rest of us. separate for the simple reason that their goals and conditioning are fundamentally different
I’ve carried concealed for 38 years. Every day. I’ve never had to pull my weapon and pray I never have to. I would only do so if my life was in imminent danger. I don’t put myself in danger situations, I avoid conflict, head on a swivel all the time. People say oh you must be afraid etc etc, I say no, not at all, I’m just prepared for the what if. If you carry, get yourself carry insurance and hope you never need it. If something does happen, state you were in fear for your life, and that you’ll answer all their questions once your attorney arrives. Then shut up.
@@jogo7010 Your clearly delusional.
You ever needed a fire extinguisher during a house fire? Most likely not, but I bet if you had a house fire you sure would have wish you did have an extinguisher.
@@jogo7010 idiotic statement.
John, Your statement here should be attached to every "Application 'To Carry" Permit in the U.S.
@@jogo7010 Not sure if you deleted your post or it was removed but …firepower people are accumulating… be real. Look at these last two news incidents in California and now New York. Both have some of the strictest gun laws and it doesn’t stop bad people from doing bad things. I don’t bring a screw driver to change a tire, I have the right tool for the job and that’s whatever I feel necessary.
Your philosophy of concealed carry in the US is quite sound. I would only modify that penultimate remark by instead saying "I will not make a statement unless and until directed by my attorney." Never, ever promise the police you will say anything. That last statement you wrote is perfect.
The best defense is to know your surroundings be aware. Make eye contact and do your best not to place your self in the wrong place at the wrong time.
Heads up, off your phone and walk confident
You will be less likely to be that victim and need this information.
Good luck and God bless.
Agreed, Walk like a man, don't walk like someone who can be taken advantage of.
Cell phone walker/talkers are also prime targets for pickpockets.
This is incredible advice from the extremely wise Massad Ayoob and this information should be embeds common sense for any law abiding armed citizen. After all the information I’ve recently come across I believe that I’m going to cancel my USCCA membership as there are serious concerns with their coverage or lack thereof.
Pretty much the only thing Mr. Ayoob said that I vehemently disagree with. Say NOTHING to the police. Only give them your name, that you were attacked and your life was threatened. And that’s it! It is your right to remain silent and to have your lawyer present during any statement. Remaining silent CANNOT be used against you in a court of law. But anything you say CAN be used against you. When a police officer is involved in an officer involved shooting, they are to,d to go sit in the cruiser, turn your camera off and shut up. Why is that wrong for us as citizens. It’ s not.
What to say: Nothing.
What not to say: Anything that your attorney doesn't tell you to say.
It is beyond acceptable that all the weight to preserve the scene falls on the victim who has been traumatized.
The world is unfair. But unfortunately, that is what happens.
Beyond unacceptable I think is what you meant
I'm glad you feel it's acceptable.
I've carried a fire arm for 37 years in law enforcement and 2 years in retirement. Fortunately I've never had to discharge my weapon. I continue to watch these videos for the spiritual help I may need someday. Our society gets more violent by the days. Thank you gentlemen for your continued efforts in giving insights on how one should be prepared to conduct himself in explaining a combat situation. I also read some of comments from some of the other listeners. They're quite helpful. Once again, thank you.
This critical information is just as relevant today as it was decades ago (when I first heard Mas explaining it). Excellent advice as always.
It's really not. Lawyers who defend people, even on self defense cases, say that you shouldn't talk to police ever. And I think they know a little more about the law, it's process and what's good for you then Mas here.
@@donmittlestaedt1117 What sort of mindless response is this. I was law enforcement? I have an axe to grind?
I heard what Mas said. He's telling you to tell the police why you shot the guy. That's fucking stupid.
What you should do is you should say at most "I called police because this matter needs to be handled by them." That's all. Then wait for your lawyer.
"Officer; I will cooperate fully with any investigation, just as soon as MY LAWYER GETS HERE!"
Thank You!
NOOOO!!! Your lawyer will keep you silent. Then 6 months later the cop will tell the jury that you said you'd talk when your lawyer gets there, but after you spoke to your lawyer you decided to remain silent...hmmm...what did this suspect tell a lawyer that led to no comment ??? Hmmmm.
@@fproszek yeah. Go watch attorneys respond to Ayoob’s advice here and you’ll quickly realize that you shouldn’t take it.
I have the utmost respect for Ayoob, and I used to think this specific advice was wise. I no longer think that.
His very first point is entirely wrong. The idea that a prosecutor is going to say “you’re telling me you were innocent and didn’t inform the police of other dangerous individuals?” would never happen. Your decision to remain silent cannot be used against you. If the state attempts that line, then you at the very least have a mistrial, and possibly a dismissal.
The idea of saying “I’ll fully corporate” though CAN be used against if after you talk to your lawyer, and he suggests not making a statement or testifying, then the state likely CAN say “he said he’d make a statement, and testify, and he didn’t. Why?” Which does not look good to a jury. You are burying yourself by talking and limiting the options your attorney has in terms of strategy.
Ayoob is talking from a cops perspective. But you know what the policy is from the Fraternal Order of Police is when an officer is involved in a deadly force incident? To shut up…
@@randomutubr222 You are exactly right. You should go to the Active Self Protection Extra channel to hear Attorney Mark Victor counter what Massad Ayboop is saying.
Prosecution: "Did the defendant say he would cooperate fully with the investigation?"
Cop: "Yes he did, after certain demands were met which I gave in to."
Prosecutor: "After you gave into his demands did he keep that promise?"
Cop: "No he did not. He broke his promise."
Prosecutor: "Would you consider this to be a form of dishonesty"
Cop: "Yes I would, he was extremely dishonest and evasive with me."
Anything you've got to tell the police you can relay through your lawyer.
@@1watersthree You might have attached the URL to this channel ...
Thank you, gentlemen.
Critically Important !!
Take time to watch this.
How about putting a list of the five things in the description?
How about just watching it again? The damn thing is only 8 1/2 minutes long. How lazy can you be?
Thank you guys .
He's knowledge, however, many credible lawyers will tell you to say nothing or simply repeat that you wish to consult a lawyer. Simple words can be used against you by a prosector. The police may intend to present the facts... The prosecutor will twist everything you say to convict you of something. The legal system is now about convictions, not the truth....
My mouthpiece says don't say anything to the cops cause you are going to be charged anyway.
Your mouthpiece seems to be well informed and not a complete moron like Mas.
Maas is out of his lane, Stick to gun safety and weapons.
Search UA-cam for "never talk to police" Regent University law school. Words of wisdom.
The two recent events in Wisconsin should
illustrate that the "process" does not operate for the good of the people.
When you said the two recent events in Wisconsin, I take it you meant the last rigged Presidential election and the recall attempt on the Governor that was rigged to fail.
@@RedSiegfried Those, too...
That ain't no kidding! Fortunately in the case of Rittenhouse, the jury didn't buy the prosecution's arguments, but it could just as easily have gone the other way.
@@riblets1968 Rittenhouse felt competent with a rifle and was just waiting for some of those rioters who had had free rein for months to give him a reason to use lethal force in self-defense. Well, he got what he wanted. Self-defense or not, he went looking for the trouble he found, and he should've gone to jail for that.
@@alexanderzerka8477 According to you, Rittinhouse did nothing illegal and the rioters gave him reason to use lethal force. Then you conclude that he should have gone to jail.
You are so stunning and brave!
1:48 "establish the active dynamic" (describe what happened)
2:54 establish that you will testify against the perp.
3:16 Point out evidence ASAP, before it gets disturbed
5:19 Point out the witnesses
6:04 Answer no further questions 'til counselled
Thankyou!
Let your lawyer and private investigator communicate with and point evidence out to the cops! Keep your mouth shut tight!
@@MrCrimenews Crime scenes are usually done within hours or maybe a couple days. You expect a lawyer or PI to get to the scene, be allowed to access it and then point out relevant things before evidence is altered/destroyed by EMS, cops, etc. I see what you are saying but you are risking having evidence critical to your defence being altered or destroyed, unless you happen to be walking with your attorney at the time the event happened. This isn't an all one way or the other thing.
You do know this is all BS, right? Every bit of it.
@@NickFrom1228 You are a fool if you think the officers at the scene make the charging decision.
Thank You
Low-key crushing Massad Ayoob.
Amen!!!!!!!!!!!!!!!
One thing to remember is that not saying something can’t be held against you because of the 5th amendment. They tried to do that to Kyle Rittenhouse and it got thrown out because of that 5th amendment.
Pure gold here.
Whatever happened to innocent until proven guilty in this country The information you are giving us is spot on thank you But this is getting way out of control when the cops want to do nothing but charge you with murder
As a non-professional and a analytical thinker .I suggest soon as a shooting occurs take pictures with your phone from where your standing of assailant and his or her weapon. place a wallet, car keys ,a coin, anything where your feet are. step back and take a picture of the area with the item you placed where your feet were .the body of the attacker with shell casings and weapons, that were used against you. everything in the photographs. do not show them to the police only to your defense attorney. This way the Integrity of the crime scene will be upheld
" ... A analytical thinker ... "
Surprised to see this video suggestion I thought after my mother died on Christmas 2020 it was a “ free for all “ 😉👍 nice video
That's going to happen sooner or later stay tuned
Great information,,,,,system works against the defendant,,,,,,
If you follow the advice, you'll have more stuff working against you.
Enjoying that comma key, huh?
Man, Massad is a real thinker.
Great advice!! Also worth noting that witness perception can be framed to help u, yelling something truthful like, “WOW did u guys see that guy in the red shirt attack me/my wife/etc. forcing me to defend myself!!??”
That may sound trite but that simple utterance could go a very long way to helping u stay free!!
Questions… I own a SF92. I bought a conversion kit to make it a 22. It was supposed to be plug-and-play (It wasn’t). Beretta said send us the gun…6-months later they still have my gun. Are there law firms that handle things like this… I want my gun back?
No body better than my man mas
Just think about the fact that any unlawful breaking in of any domicile, has the actual scared homeowner defending themselves and seemingly having to prove their own innocence, versus the actual person(s) doing the criminal activity? Baring all the other numerous scenarios, what is wrong with this single picture? And can you truly be called a "free citizen" in any country yo live in under these conditions?
In Arizona, as is in a few other states, you are presumed innocent. Therefore the state must prove that it wasn't self defense.
I thank you and your toupee for the good advice.
I'm a member.
This turns out to be terrible advice if you ask any defense counsel. And I understand why. The cops aren't trying to exonerate you and your assisting them with collecting evidence at all just makes it easier for them to build a case against you.
Your word against Mr. Ayoob's, OK.
@@RickyJr46 that's ridiculous. It's more like every defense lawyer in the country vs his word, which is the view of a police man.
@Tom Gulbranson that's a really irrelevant argument. Not surprising.
His utility as a witness that says something favorable is not related to his utility as a legal advice giver. They're totally different topics which you obviously don't care about since you preferred to make an intellectually dishonesy reply.
@Tom Gulbranson are you saying he didn't explain his views in the video?
I'm not surprised defense attorneys call him. Here's the thought process: "my client said and did something totally stupid. Now I need to find someone credible sounding that defends doing things that are stupid."
It strikes me that in some cases, Mas's advice is good. In some cases, it is not. For example, I have not seen a study but I could imagine a cooperating witness might be exonerated more quickly. Days, not weeks or months. So his advice is probably good in many "good" shoots. But in cases where you are in real jeopardy, it strikes me as risky and you may in fact give them the sound byte that will hang you.
Remember police are not your friends
Taser Video Please?
Like
"Officer(s), with great respect, I decline to make a statement and I will only speak with and through my attorney." Ayoob is 100% wrong here. Unfortunately, his well-deserved credibility in the firearms sphere may give him more credibility than he deserves in the area of legal advice.
Says the random yahoo on the internet lol
People will blindly follow Ayoob... Don't be a fool...his biased opinions are monumental, he'll side with the police and their corrupt unions every time..
Lawyer lawyer lawyer
I have ZERO trust and/or confidence in the law and in the government.
No matter what I say four words only, I WANT A LAWYER! I say it respectfully and you can blame your retired lawyer uncle for that. They can’t use that against you in court. What you do say you can count on them changing your words to fit their narrative. They don’t get commendations for letting justifiable shooters go. They do get awards for murder arrests even if the accused is later acquitted in court. The cops are not your friends although you could have many that would treat you fair. Don’t gamble! Saying you shot out of fear for your life will often be treated as a full confession.
@Tom Gulbranson I was a Chicago cop for 12 years! I’ve been a licensed private investigator since 1981! I specialize in criminal defense investigation of self defense cases where people are wrongfully charged with murder, manslaughter or aggravated assault and battery. What’s your expertise Tom?
@Tom Gulbranson congratulations, you’ve got zero criminal defense experience. I’ll stick with the hundreds of lawyers I’ve worked with for decades. I have you beat by 20 years overall. Your Florida ghettos are no match foe Chicago... being a police policy writer does not make you an expert in Criminal Defense....
I hacked policing fine! I just made more money as a PI...I also gained freedom and independence from local politicians that have all but destroyed police work in every large American city. Smile you’re on Candid Camera!
@Tom Gulbranson save you face and trouble. I’ve seen the failure of talking to police and more importantly how people that kept their mouths shut listening to their lawyers avoided arrest, indictment and expensive trials. You obviously don’t give a rats ass about decent people defending themselves. Please give me one single criminal defense lawyer’s name that advises that it’s somehow beneficial to talk to police. I’m waiting patiently...
@Tom Gulbranson More stupid nonsense from this guy. If you don't know their motivations, that's MORE evidence not to engage with them. Try thinking.
I had to use pepper spray on someone in self-defense, and if I just clammed up and said nothing, I would have eaten dinner in jail that night instead of eating it at home.
You may be trading 1 night in jail for a couple years in prison if you don't know what you're supposed to say.
Just take pics on your phone. Etc etc.
Yeah I know who Kitty Genovese was and 18 years ago armed with nothing more than a pizza delivery bag loaded with 2 large pizzas(honestly) I was able to frighten a career mugger away from a diner who just left the place were I worked. At trial, the mugger, who had mugged a dozen other ladies, including one that had lost one kidney because of his actions got over 20 years, and probably served half of them(welcome to California). But you do what can with what you got when the need arises.
Remember the Miranda warnings, first...
8:30 for the short and logic answer: absolutely not and absolutely nothing?
The only thing I’ll say to the police is “officer, I’m very upset right now and I need a lawyer “. I don’t care if I have to spend the night in jail, a week or longer. They have to feed me, make sure I get my meds and make sure I’m safe. Otherwise it’s their ass. I’ll hire the most pit-bull lawyer I can to sue them if they don’t. You not saying anything can’t be used against you in court.
Your defense starts with the 911 call. It's recorded and can/will be used against you.
Here's another: Don't live in a state which doesn't allow you to arm yourself in public ... or which seeks to defund the police ... or limits your rights under the law.
If you live in a place like New York City or Chicago ... and you stay there for whatever reason ... you're putting yourself and your family in harm's way.
Get out of there before you get accosted. Blue states in general put you at risk.
Anyone else keep confusing Massad Ayoob with Joe Kenda? Just listening to them, it's almost the exact same voice - and take away the goatee from Massad, they even look alike.
Insult to Mas. I live in Kenda's town and have read Ayoob's writings, no similarity at all.
Once again this guy is not an attorney. He was a part time cop in a small town in NH. When the police come they are coming to help you if you are the victim. If you are the bad guy to arrest you. Some good advice if someone is breaking into your home dial 911 keep them on the phone so if have to you force the operator will hear and record what is occurring. Talk to real active members of law enforcement and the judicial system not some “expert “ who works for a gun chamnel
It almost makes you not want to call and report the incident to the police because all it does is put you in the hot seat and then having to pay legal fees for protecting yourself. Bureaucrats need to stay out of our legal system.
Go watch attorneys respond to Ayoob’s advice here and you’ll quickly realize that you shouldn’t take it.
I have the utmost respect for Ayoob, and I used to think this specific advice was wise. I no longer think that.
His very first point is entirely wrong. The idea that a prosecutor is going to say “you’re telling me you were innocent and didn’t inform the police of other dangerous individuals?” would never happen. Your decision to remain silent cannot be used against you. If the state attempts that line, then you at the very least have a mistrial, and possibly a dismissal.
The idea of saying “I’ll fully corporate” though CAN be used against if after you talk to your lawyer, and he suggests not making a statement or testifying, then the state likely CAN say “he said he’d make a statement, and testify, and he didn’t. Why?” Which does not look good to a jury. You are burying yourself by talking and limiting the options your attorney has in terms of strategy.
You also might not want to preserve witnesses or evidence. There could have been a guy who saw you shoot, but didn’t see the guy coming at you with a knife. He is being completely honest in his testimony of what he saw, but it might actually go against you. And if evidence is missing or tampered with, your attorney can use that in your defense to establish reasonable doubt.
Ayoob is talking from a cops perspective. Not only that, but from a _good_ cops perspective. Most cops aren’t him (I’m not saying most cops are bad, but Ayoob is a very disciplined man). But you know what the policy is from the Fraternal Order of Police is when an officer is involved in a deadly force incident? To shut up…
I know I’m going to get hate from his fans for saying this. But just know, I love Ayoob and have been following him for years and still look at him as a preeminent expert in the use of force. But I’m no longer convinced this particular system of statements he advocates for is wise.
It’s more important to already have an attorney. You shouldn’t be looking through the phone book trying to find one after an incident. Find one, or join a CCW legal defense program so that you can talk to one who is a subject matter expert as soon as humanly possible. The scene will still be closed off and in the middle of investigation by the time this call is made… your lawyer can help you immediately and talk to police, talk to prosecutors, etc right away and help you clear things up in the best possible way. Just keep your mouth shut.
The main thing Ayoob is trying to get across is to make a great first impression. That is wise advice. The problem is you can still make a great first impression with your first statement… after you have spoken with counsel. Doing it on the scene by yourself is most likely not the way you want to go about it.
Again, don’t take my word for it. There are multiple videos of self defense attorneys on UA-cam responding to Ayoob’s ideas directly. Decide for yourself after watching them which makes more sense. After doing this, I went from planning on following his advice, to now plan on keeping my mouth shut and affirming that I want to speak with counsel as soon as I can. Talking too much to try and convince the cop on the scene isn’t the strategy you should be going for.
Yep. I have seen a few defense attorney's opinions on Ayoob's after-shooting advice and I believe their opinions are much more sound than Ayoob's and they have ample legal precedent to back them up. Moreover, whilst shopping for local defense attorneys myself--you know, just in case--the first thing he said to me was to shut up when the police arrive, then give him a call, no matter when and where. I put him on speed-dial. This was hypothetical of course, but I believed him. Fortunately I never needed his advice yet, but one never knows.
Ayoob's advice may be good for the police, but for you as the (probable) criminal defendant, it's awful. Don't listen to this guy. He should stick to his shooting and training advice, which I find to be much more well-founded and useful.
Mass is off the mark on 4 of 5 of his points. I'll let the people figure out which one.
This guy should not be giving advice to anyone. The only thing that matters: DO NOT TALK TO THE POLICE. AT ALL.
I'll listen to someone like ayoob that has credentials as long as ur arm and over half a century of experience. I'm not saying he's 100% always correct but he is a well meaning, intelligent, and a wise man. Take his advice and do whatever u wanna do with it. Its up to u. He only wants to keep good people safe and out of jail and bad people n jail. If u actually listen he explains why he suggests as he does and they r important reasons. I won't explain it because he already did.
@@trentjacobs3957 Would you ever gamble at a casino where your best outcome is you break even and your situation remains unchanged? Yeah well as it turns out no one else would either.
@@ironDsteele I've never gambled a dollar n my life, which is why I want to stack the deck n my favor. If I can point out things that help show my innocence and their guilt and only that much, I will. Each has to make their own decisions though.
@Itachirevived One of his jobs, a significant amount of the time, is to b an expert defense witness. If u dont want them to have evidence that exonerates u or shows ur innocence, then don't say a word. That's up to u. He only explained to people how to point out the things that prove ur actions were within the law. Do with that what u will. Some lawyers r just mouthpieces, I'm sure u realize that. Some though, want to keep innocent people out of jail. If that entails pointing out how and why ur innocent, people can choose to do that. Ur welcome to do that, or not. I own every one of his books, and read them at least a few times. He's kept a hell of a lot of good people from rotting n a jail cell. If u don't want his advice, don't use it. Other people will and have benefited from his advice and words.
@Itachirevived Unless your versed enough to point out only that which helps exonerate u. There can only b incriminating evidence if you've done something incriminating. I've heard Ayoob say numerous times that he's as interested n defending good shoots as much as convicting those that act criminally, and I tend to agree. The justice system is imperfect, to say the least, which is why people need to do their best to open the eyes of the first on scene to the evidence that u r one of the "good guys". They r going to investigate and hopefully find the truth, helping them find truth is up to the individual. And he's not saying have a conversation without a lawyer either. He only said point out that which might disappear and concisely explain ur the victim because of what the attacker did. I'd say his advice is a hell of a lot more practical and useful than someone who hasn't worked n the justice system for over a half century. If there's someone who knows what works, it'd b someone who's been on the winning side hundreds of times.
Massad Ayoob will send you to prison with this advice. Here's what you're losing when you talk to the police:
1. "This man attacked me"
-- You've just admitted you were at the scene and something violent happened. Sometimes this is obvious, but why not make the DA work to prove you didn't just stumble across the scene, or that the guy broke into your house and fell on a pile of bullets? It sounds silly, but you can't know in advance if the crime lab will lose your forensics, if a witness will withdraw, if. . . well, anything. Why close any of the doors your lawyer would like to push on later?
2. "Give a description. Not doing so affects your mantel of innocence."
-- Don't worry about how you look to the police. You are under no obligation to help the police catch the other guy, and your failure to do so cannot be brought up in court. If you absolutely must get the information out, have your lawyer on the phone and let HIM tell the police about the other suspects. Again, it sounds weird, but there's a vast legal difference between something you said and something your lawyer said. In fact, later on it may be possible to use your description and cooperation to establish that you actually waived your right to remain silent, making it legal for the police to interrogate you for hours even after you said you wanted to remain silent.
Also, at 2:35 Massad is showing off a breathtaking ignorance of how cross examination works. It is utterly forbidden for prosecutors to bring the issue of your silence up in front of a jury. If they do, it could be a mistrial. If they do it on purpose, it could be a mistrial with prejudice and you're free to go.
3. "Indicate you will testify"
-- Now, that IS a statement that a prosecutor can put on the record. Now you've got a jury wondering why you told the cops you'd testify, but then you didn't. How about just not saying anything? You can't possibly know in advance what will happen. Even if you're not charged and the fleeing suspect is, suppose the DA decides not to call you. Then the defense attorney explicitly tells the jury in summation that the DA had your cooperation but didn't call you. Defense attorneys are allowed to comment on prosecutors' failure to call a logical witness, and your statement could hurt the prosecution.
4. "Point out evidence"
-- Paramedics enter a scene when they are cleared by law enforcement, not before. LE controls the scene, no matter what is going on. This is even more true if you have an obvious corpse, who clearly doesn't need emergency medical attention. The scene commander declares a crime scene, a paramedic may be escorted in to pronounce death, and then the detectives do their thing. The body can be moved when it's safe. That said, lost evidence usually helps you, not the prosecution. If there's something you simply must tell them about, call your lawyer and ask him to tell the police to look behind the refrigerator or whatever. How your lawyer knew this can remain a mystery because attorney-client privilege. Or just take a picture of the shell casings or whatever.
5. "Point out witnesses"
-- Better idea: Give the witnesses your attorney's business cards before the cops arrive and tell them they can leave. This way, your lawyer gets all the witness statements and only has to share the ones he plans to question in court. Any witnesses whose stories hurt you can just be tactfully left out of the file.
Massad Ayoob. . . I know you have a business model where you offer bad advice to LARPers who like to imagine getting into defensive shootings, but you need to think about what you're doing. You are HURTING people with this stuff. Anyone who listens to you and does what you are saying will potentially talk themselves right into a homicide case. Or they could elevate a 2nd-degree manslaughter charge to 1st-degree murder.
To anyone who doesn't know what to do after a defensive shooting, here's my advice: Ask somebody you trust (not yourself) to call 911 and report the emergency. When the responding officer sees the body, he can call medical and whatnot. You, when questioned about what's going on, respectfully tell the officer you can't make a statement without a lawyer present, then give the cop your lawyer's business card and ask for all contact to be through his office. Then shut the hell up and wait for your lawyer.
This approach might buy you a ride to the county jail, but it also keeps destructive statements out of the hands of the prosecution. In other words, it could save you a lifetime in prison.
Well said. I have a lot of respect for Ayoob, but this has to be his single worst piece of advice.
40 years ago with very minimal experience yourself working for a small department with just a handful of people including a Chief and his deputy in a state with a very small population mostly in small towns with one of the lowest crimes rates in the country (back then as it is today) and you develop a plan? I've had some folks ask to me watch your videos and frankly you are in need of updates. For objectivity how many police departments have paid you to defend their officer's actions and name a few of those departments. Likewise, how many officers have hired you themselves personally? Approximately. If an officer follows the law and their training & department SOP their department will be defending them. Violate either, they will hire a lawyer just like anyone else because they'll have been terminated from their jobs, probably indicted and sitting in jail. Somebody dead, cops show up, you claim responsibility, you're a suspect in a homicide, period. Incidentally that applies to with badge or without. Say nothing at all? That's one approach, certainly your Constitutional Right. Saying something, is better. Something -and then call your lawyer if you even have one. If you have the mindset to shoot somebody you should be in control of your faculties to make a very brief statement. If you can't, then possibly you are in for a very rocky ride. Nice concept that YOU are going to be telling the cops what to do on a scene or who is the suspect. Doesn't usually work that way however. Incidentally, how many homicides and shootings did you work as a cop anyway?
I find this information generally bad overall. This is a cop he is looking at it from a police standpoint not from a law. Telling people talking to a lawyer will make you look guilty that's just bull. You have a right to a lawyer. No prosicuter can use that against you. Never talk to the police even if it's to answer a question non related or if you think it will benefit you. Remember everything you say can and will be used against you. If you say somthing that justifies you to a cop it cant be used in your defence it can only be used against you. Police are the investigators prosecutors are the ones who make the case in court.
You need a legitimate criminal lawyer’s legal opinion on my advice! I only get resistance from pretenders….
You’ll have my full cooperation can be a big mistake as that forces you if they want you to take the stand your lawyer might not want this so while I do respect this man I won’t take his advice after a shooting
Obviously, you are grossly mistaken as to Massad's meaning, or you don't know how a court of law works.
"You'll have my full cooperation" means that you're not going to leave town or refuse to participate voluntarily in the judicial processes that may follow the shooting.
There's no way you can be forced to take the stand, if you are a defendant facing criminal charges.
If you're not charged with a crime, and you have not committed a crime... it WILL generally BE in your best interests, and that of the community at large, if you give testimony against the criminal who tried to kill you, which is what prompted you to shoot the bastard in the first place.
Put it together, man.
The bastard tried to kill you, or behaved in a manner that left you with no other plausible conclusion, but that he intended to use deadly force on you IMMEDIATELY... and you shot the bastard to prevent him from hurting you.
Now you're in court... the cops have charged the bastard... and YOU are, THE... repeat "THE" person who caused the criminal report to be filed, and you're THE witness that SAW the assailant preparing to kill YOU... you're the REASON that son of a bitch is on trial for his criminal behavior toward you.
WHY IN THE BLOODY HELL, would it NOT be in your best interests, to TELL THE COURT, 'exactly' what happened, on the stand?!?
Why would it not be in your best interests to tell the cops what happened, so they'll know WHO needs to get the handcuffs?!
@@gwencrawford737No my lawyer knows how it works, not me that is correct 👍
Why would you say anything to the police at all. You call because you had to protect yourself, and, or family, then shut up.
This guy does not know everything . Just say -- nothing--- . The police want to investigate ,let them without SAYING ANYTHING,nothing , at least have your lawyer with you everytime, everytime police want to talk--- cops can talk to your lawyer--- BE QUITE , DO NOT, DO NOT , DO NOT TAKE YO POLICE.
I have met Mr. Ayoob. He knows more about shootings and in particular self defense shootings than you will know in your lifetime. Mas is just saying to point out simple points that witnesses will screw up. You know, because you were involved from the very beginning, what happened. The cops just need to know some foundational information. As Mas said, shooting scenes get trashed and there is not the physical evidence that tells the whole story. From the start, you want the cops to have the mindset that you were acting in self defense. Clamming up, even though perfectly legal, won't gain the support of the cops.
This is horrible advice, and I'll attempt to explain why here.
"Establish the Active Dynamic" - By describing what has happened, you may in fact be removing valid defenses that the prosecutor would have to defend against / prove that didn't occur.
"Establish that you will Testify" - You're essentially feeding trigger words to the police officer to get them to think what you'd like them to. If that's the case, they're incompetent, and you would be far better NOT SAYING ANYTHING.
"Establish the Evidence" - This is a bad idea, because it can inform the prosecutor as to what you knew at the time, which is ammo for him/her. If you are charged, the evidence, regardless of what you said about it, will be presented in a way against you.
"Establish Witnesses." - Witnesses are notoriously bad for recalling events. They may in fact say things that HURT you. Don't do it.
"Establish Silence" - The only one I agree with.
You have to remember that if you have to help couch the police to the correct conclusion, they're incompetent, in which case you are better off NOT SAYING ANYTHING. Remember, the prosecutor has to prove you guilty and ANY information you provide to him/her only aids them in hurting you.
If you feel you have to say something, I would recommend the following. "I'm sorry Detective, but I've heard stories about innocent men going to prison, and as such, I'll remain silent until my lawyer is present."
@Tom Gulbranson Zero, good thing testifying as a witness has absolutely nothing to do with the absolutely moronic advice he's giving to people.
@Tom Gulbranson Yes, zero, because the lawyers, you know, the guys who actually defend you in court and know the law say you shouldn't talk to police ever. But this guy, without that knowledge somehow magically has found the best way.
Educate yourself. It's not that hard.
@Tom Gulbranson Has Ayoob ever testified as an expert witness on how the law works?
@Tom Gulbranson Right. When Ayoob testifies, it is as a firearms expert, not as a law expert. In the video, is giving legal advice. You are confused about Ayoobs area of expertise. Ayoob has never been a defense lawyer, nor even any kind of lawyer. He's not an expert on the law.
@Tom Gulbranson Good luck. You are going to need it.
Ayoob, a non-lawyer who served as a glorified meter maid on a 7-man police force, has no business dispensing legal advice. He is not a legal expert, and his advice goes against everything REAL attorneys say. The owner of this channel is putting people in danger by airing Ayoob's inane ditherings.
When you're involved in a shooting, you call your lawyer, THEN call the police, then shut up. Most prison inmates are there because they talked to the police. Listen to Ayoob, and you can become one of them.
As a lay person, you are not equipped to know whether or not the things you say are incriminating, and aside from that, the police will perjure themselves and say you said things you did not. It happens every day. The only way to be safe is to refuse to talk.
You would be ripped to shreds in court if its determined the first person you called after a shooting was your lawyer lol.
That's your opinion and misinformation. By the way: Ayoob is a legal expert on the use of deadly force and expert witness. Spend some time learning about the people you don't like before running your mouth.
sorry, but your advice will get the key thrown away. Having studied many cases and listened to actual experts in the field, I damn sure not going to take your stupid advice.
I no longer agree with much of what Massad says in this area, ESPECIALLY that you "will testify against this person." You may choose later that this is not in your best interest.
Here's what to say to the police: Nothing
Nothing you say to the police can help you. Nothing. Ayoob's living in a fantasy world and anyone who takes his advice in this context is a complete fool.
Massad, your bitter sarcasm about the mental state of the victim is entirely unwarranted. No one can train adequately for any such situations. Look at what happens to so many fine cops under that same pressure!!!! You should video an apology.
Exactly. We practice so as to learn muscle memory. That way in a stress situation you don’t HAVE to think through each step. It’s supposed to be an automatic response. I also thought his comments were wrong.
Police are THEE worlds worst when it comes to not answering questions and lawyering up when being questioned about a shooting.. c'mon Ayoob.. you're embarrassing yourself.. you come off as so arrogant and biased it's ridiculous.