Do not give any more info to cops than necessary..

dchemist

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@snakefist, ”if it was up to them they would be the judge and jury." There is probably a fair amount of truth to this.

One of the common themes I've heard from Police is; if you'd cooperate, I'd probably let you go with a warning. While we all would like to be let go when we get caught, this is basically a case dismissal.

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nomore55

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LOL.
 

STS-134

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This video is often mentioned here:


The first speaker in the above video, law professor James Duane, of the Regents University School of Law, has two more videos and a book:
I got a copy of the book and it's been very interesting to read. Lots of examples of why you should never talk to the police, in much greater detail than he can explain in a lecture. In the book, he also explains why, due to some court cases in just the last 5 years, it's important to assert your Fifth Amendment rights in the proper way, because individuals who don't assert their rights in the proper way have actually had the fact that they remained silent used against them in court. You must know exactly what to say, and in what order to make your statements, to avoid falling into this trap.


 

LibbyD

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Thanks for posting about this. I bought two copies when they first came out (I always buy two copies of books that I expect to 'value' in my collection. That way I can lend one out and not be concerned about it. In my experience, people generally SUCK at returning books.)

I didn't know about one of the other videos, so thanks again.
 

dudeinnz

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Moving to general radar discussion.
 

HackerPLEMC

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Fantastic video's.. More people need to at a minimum watch the video's.

Great share. Thanks.
 

dchemist

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Thanks @STS134 I'm ordering the book. I know that traffic violations don't normally carry the same weight as higher felonies but it's important that we ALL understand the Bill of Rights and exercise our rights routinely. I appreciate you bringing this to our attention!
 

Transporter

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The book is Free if you have a Kindle and are an Amazon Prime Member.
 

drtoddw

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Thanks @STS134 I'm ordering the book. I know that traffic violations don't normally carry the same weight as higher felonies but it's important that we ALL understand the Bill of Rights and exercise our rights routinely. I appreciate you bringing this to our attention!
But traffic stops are the number one way that police officers start the conversations which lead to an arrest.
 

dchemist

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But traffic stops are the number one way that police officers start the conversations which lead to an arrest.
Whole heatedly agree! I need to post about my story as a 16 year old kid and an infamous Texas DPS trooper.
 

STS-134

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But traffic stops are the number one way that police officers start the conversations which lead to an arrest.
True, which is why he specifically mentions not to allow the conversation to get into topics other than what's immediately relevant to the stop. And if you are being questioned and the officer says you are being detained, in the book he says you should NOT plead the fifth ("I refuse to answer questions on the grounds that it may incriminate me.") Courts have used statements like that against defendants, saying that innocent people wouldnt't refuse to answer questions. You should plead the sixth ("I want a lawyer.") Of course, the practical result of this is that the lawyer will tell you to refuse to answer any questions, so pleading the sixth is essentially the same thing as pleading the fifth, except when you demand a lawyer, it still sounds like you may be willing to answer questions so long as a lawyer is present, and looks a lot better in the eyes of a jury in any case, if they were to get testimony on exactly what you said.
 
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drtoddw

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True, which is why he specifically mentions not to allow the conversation to get into topics other than what's immediately relevant to the stop. And if you are being questioned and the officer says you are being detained, he says you should NOT plead the fifth ("I refuse to answer questions on the grounds that it may incriminate me.") Courts have used statements like that against defendants, saying that innocent people wouldnt't refuse to answer questions. You should plead the sixth ("I want a lawyer.") Of course, the practical result of this is that the lawyer will tell you to refuse to answer any questions, so pleading the sixth is essentially the same thing as pleading the fifth, except when you demand a lawyer, it still sounds like you may be willing to answer questions so long as a lawyer is present, and looks a lot better in the eyes of a jury in any case, if they were to get testimony on exactly what you said.
That is a very good point. People do forget about the "optics" of what you do... in case it's serious enough to ever get in front of a jury.
Cops use the same tactic: Yelling "Stop resisting! " while their body cams are rolling during an arrest can give the impression that the person is actually resisting. In fact, that's rarely the case. It's used to convince anyone that's watching that's in fact what was happening.
 

dchemist

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@STS134 I wanted to thank you again! The book arrived today and I'm really looking forward to the read. I've already told my wife and oldest daughters to plan on reading it next
IMG_20190405_191453.jpg
 

STS-134

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bound

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I’m going to check it out. Thanks
 

poolmon

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Thanks for the info guys on the original video post, and the book release update.
I checked my local library's online listing and picked it up there. I would definitely recommend both watching the video and supplementing it with the book which goes into more detail and contains case law developments. It's only 120 pages of text and once you start reading it you probably will not want to put it down.

It contains details such as the only two things you need disclose:
1. Your name
2. What you are doing right here, right now.
Just don't be a jerk when talking to the police/asserting your rights.

It also distinguishes when to plead the 5th (right to remain silent) vs the 6th (right to an attorney) and how if you are not currently under arrest, pleading the 5th (vs the 6th) can come back to be used against you under modern case law developments (whereas if you used the 6th it would not).

It also goes into the fact that there are so many regulations today (they are virtually uncountable) that many of them no longer coincide with common sense. The average person can violate some law or regulations 3 times a day without knowing it. His advice applies not only to talking with police but also with all federal agents (including Fish & Wildlife Services: don't toss that undersized fish you could wind up in the Supreme Court for destruction of evidence; and, even with NOAA officials among others).

Another interesting item in the book is the fact that anything you say to the police that you think helps your case won't be allowed to be used in court by a prosecutor since it will be hearsay and not actual evidence. But, anything you say that to police that could be interpreted to hurt your case will be allowed since it will be an admission against interest, which is an exception to the hearsay rule.

One thing that was briefly touched upon in the book, was the ability to request any questions be provided to you in writing first, with your responses (if any) to be in writing to be sure that there would be no miscommunication regarding either. He mentioned one case where such a request was made of a federal agent and the agent was never heard from again. I would like to see this avenue developed more as it seems like a way to see where they are going with any questions, and your ability to respond (or not) from there.

Bottom line, after returning the borrowed copy from the library I'm going to buy a copy so I can use a highlighter on it for future reference. Thanks again for the posts as I doubt I would have run across it otherwise.
 
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poolmon

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Anyone liking the book "You Have The Right To Remain Innocent" by James Duane will probably also find the book "Licensed To Lie . . . Exposing Corruption In The Justice Department" by Sidney Powell about prosecutorial misconduct, very informative (and rather disconcerting). Below is a video introduction of its rather alarming contents:

 

GernBlanston

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drtoddw said:
But traffic stops are the number one way that police officers start the conversations which lead to an arrest.
This ^^
I have a couple of friends who are state cops, and most of us don't have to worry because you typically don't get arrested unless you've already got problems like a warrant against you or crack pipes sitting on the back seat. But remember, traffic stops aren't always about traffic violations. They're fishing expeditions, and these guys know how to fish.
 

DocH

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This video is often mentioned here:


The first speaker in the above video, law professor James Duane, of the Regents University School of Law, has two more videos and a book:
I got a copy of the book and it's been very interesting to read. Lots of examples of why you should never talk to the police, in much greater detail than he can explain in a lecture. In the book, he also explains why, due to some court cases in just the last 5 years, it's important to assert your Fifth Amendment rights in the proper way, because individuals who don't assert their rights in the proper way have actually had the fact that they remained silent used against them in court. You must know exactly what to say, and in what order to make your statements, to avoid falling into this trap.


Thanks much for the info about the book.
Just snagged it on Kindle.
Doc
 

wellfleetion

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I think there is a lot of factors that go into it but from just talking to cops I have learned two things. There is a 90% chance he is or is not going to write you a ticket. Police are very decisive people. That 10% variable is for a holes and really good excuses.
What are you saying?
-- Double Post Merged: --
It contains details such as the only two things you need disclose:
1. Your name
2. What you are doing right here, right now.
Just don't be a jerk when talking to the police/asserting your rights
Only if you are in suspicion of committing a crime. Otherwise you don't have to provide anything .This is America. Police can't randomly stop people for no reason and demand info. Remember, when they get your name they run you and get all kinds of personal info. All you get from them is a name and badge #. It's not equal and they have no right to know your name unless you are in the process are are in suspicion of committing a crime.
 
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