You & The Police
Watch both videos (part I above; they're also permanently posted on the WRSA left margin under "Practical Resources"):
Never Ever Talk To The Police - Part I
Never Ever Talk To The Police - Part II
Then pass them on, while you practice saying "I want my lawyer" - and absolutely nothing more.
The forty-five minutes spent watching these vids, along with 15 minutes of practice 3X/week, is the smartest time you'll spend this weekend.
posted by Concerned American | 4:34 AM
11 Comments:
I've sent this to police friends of mine who unanimously agreed with it and one said, "Everyone should watch this!"
Two words: "Jury Nullification"
With nullification, best you can hope for is a hung jury.
Or do you seriously believe that a defendant will be able to get 12 jurors with 2 alternates, all of whom will defy the judge's orders and his instructions on "the law" so as to acquit you?
Really?
On what basis?
One other phrase I would practice is "and I do not consent to any search." Practice the whole thing "I want my lawyer and I do not consent to any search."
Not always true.
Like Gabe Suarez always sez, if you have to fire in self defense, you can bet the bad guy or his buddies will be talking up a storm about how they're innocent and you're a known racist in the neighborhood. In most states you are only justified to shoot if they presented a deadly threat like a knife, and you can bet after you shot their buddy that the knife will find it's way into the bushes or onto a nearby rooftop.
If you say nothing, you lost the opportunity to present evidence in your favor. The bad guys round up all the evidence the cops missed after everybody's gone.
I'd still recommend minimizing what you say to prevent it from being used against you, but staying silent isn't always the best option.
The advice needs a slight modification. Now, you not only demand a lawyer, you invoke your right to remain silent, since that is no longer the default.
DISCLAIMER: The following is a suggestion that you may consider helpful. This is not legal advice. Do your own research. Pay your own dadgum legal fees. It's cheaper to pay for preventative advise than it is to pay for criminal defense.
WHY IS THIS SO HARD?
I grew up in the 50's. "Officer Friendly" came to our elementary school. We were taught we could always "trust" Officer Friendly by our teachers and parents. If we were lost, or in trouble, Officer Friendly was always there to help us. It's really sad (and hard) to realize that this "truth" of my childhood is dead - that what might have been true then is a lie today.
You can "know" all the right answers but still get it wrong under stress - it's easy to pass judgment on the guy and his wife who were victimized by the TN State Patrol. The problem is - without training, I will always revert to "root" behavior, even if it's wrong.
What I need is a tool that will help me get the right result even when I'm stressed out. Here's my suggestion:
In a big type size, easy to read without glasses, print the following script on a card:
----------------
"Officer:
I mean no disrespect, but I understand my rights. I have the right to have an attorney present during questioning. I have the right to refuse to consent to any search of my body and personal effects.
I wish to exercise all of my rights. If I am under arrest, I wish to invoke and exercise my Miranda rights and be allowed the opportunity to obtain the advice of my attorney.
If I am to be taken into custody, I request a reasonable opportunity to make arrangements to secure my own property. I do not consent to any impoundment of my property.
If I am not under arrest, I want to leave. If I am free to leave, please tell me immediately so that I may go about my business.
Thank you."
------------
1. Read your script out loud.
2. Repeat.
Your brain needs to hear your voice saying these words coming out of your mouth and in your ears. If you do this repeatedly, your brain will become familiar with the sound and will "accept" the idea of your speaking these words.
This is NOT about trying to memorize the script. What we want is for your brain to accept the sound of your voice saying these words. This acceptance will bypass and overwrite conflicting previous messages from childhood authority figures. This will make it physically possible for you to utter these sounds when you are under stress and confronted by police.
I repeat: this is NOT about memorizing.
Place the card in your car. You can even tape it to your visor. Put a small one in your wallet near your driver license.
I suppose you could even give them away, perhaps even to the State Patrol if you happen to see any.
The following is a suggestion, not legal advice.
This is your script. Practice it now.
"Officer _______:
I mean no disrespect, but I understand my rights. I have the right to have an attorney present during questioning. I have the right to refuse to consent to any search of my body and personal effects. I wish to exercise all of my rights. If I am under arrest, I wish to invoke and exercise my Miranda rights and be allowed the opportunity to obtain the advice of my attorney. If I am to be taken into custody, I request a reasonable opportunity to make arrangements to secure my own property. I do not consent to any impoundment of my property. If I am not under arrest, I want to leave. If I am free to leave, please tell me immediately so that I may go about my business. Thank you."
Read out loud. Repeat.
Let your brain hear your voice saying these words repeatedly. Your brain will become familiar with the sound and will "accept" your speaking these words. Read, repeat and accept the sounds. Bypassing conflicting authority messages makes it physically possible to utter these sounds under stress.
Do not memorize. Tape it to your visor. Put one near your license. Give copies to friends - and the police.
If you comply with a request to get out of the car, lock the doors behind you.
If possible, audio record the encounter. Say the Officer's name out loud.
Do not justify your actions. Your are not being paid to educate the anyone. Keep your mouth shut. You are not making a new friend.
CA: One doesn't need 14 people to nullify -- JUST ONE.
As to the rest, I like how THIS GUY handled it... See http://www.youtube.com/watch?v=IIupHbRTpb8
His paper says:
ATTENTION POLICE
I hereby assert my right to remain silent.
I DO NOT consent to answering any questions. Do not ask me any questions without my attorney present.
Probable cause or consent is required to conduct a search.
I DO NOT consent to a search of my person, property or vehicle
Further detention requires probable cause or consent.
I DO NOT consent to being detained
I WANT TO LEAVE IMMEDIATELY. PLEASE ADVISE ME AS SOON AS I AM FREE TO LEAVE."
DD
DD:
You need all 12 to acquit.
Who's in a better position to retry a mistrial -- you or the state?
I've been watching these two movies for years and repeating, I want my attorney, and I will not answer any of your questions. Then you just sit back and wait and get in the best zen like state that you can reach until he shows up.
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