Police interrogations.

[arakboss]

This sounds like the best plan if you are brought in for interrogation. Say "I invoke my right to remain silent, am I free to go?" If you are not allowed to leave then say, "I want an Attorney" and then don't speak after that.

View: https://youtu.be/-cQDsrdzmNE?feature=shared

 

[arakboss]

Invoking Your Right to Remain Silent | Quest Law PLLC

You have a right to remain silent when questioned by the police. Learn when and how to properly invoke this right and request an attorney to protect yourself.

www.questlawoffice.com

Invoking the Right to Remain Silent - FindLaw

FindLaw's Criminal Rights section covers Miranda rights, specifically detailing the Fifth Amendment right to remain silent and how to invoke that right.

www.findlaw.com

 

[billdeserthills]

Invoking Your Right to Remain Silent | Quest Law PLLC

You have a right to remain silent when questioned by the police. Learn when and how to properly invoke this right and request an attorney to protect yourself.

www.questlawoffice.com

Invoking the Right to Remain Silent - FindLaw

FindLaw's Criminal Rights section covers Miranda rights, specifically detailing the Fifth Amendment right to remain silent and how to invoke that right.

www.findlaw.com

I had the right to remain silent but I didn't have the ability

View: https://youtu.be/neUaSTSKFZc?si=wdASYLbux0Kex-Df

 

[arakboss]

What was this video about again.

View: https://youtu.be/GXsjsJpYewM?feature=shared

 

[billdeserthills]

Talk about a police interrogation gone wrong:


$900,000 Settlement After 'Psychological Torture' Spurs False Murder Confession
Thomas Perez Jr.'s father was alive and well when police in California sought a confession for his killing, Perez's attorney said.

At one point, authorities told Perez that his father had been found dead with stab marks on his body and that his remains had already been delivered to the morgue, the press release read.


Detectives eventually brought Perez's dog into the interrogation room and told him that it would be euthanized if he did not confess to killing his father, according to the judgment.


"How can you sit there, how can you sit there and say you don't know what happened, and your dog is sitting there looking at you, knowing that you killed your dad?" one detective said. "Look at your dog. She knows, because she was walking through all the blood."

$900,000 Settlement After 'Psychological Torture' Spurs False Murder Confession

Thomas Perez Jr.'s father was alive and well when police in California sought a confession for his killing, Perez's attorney said.

www.huffpost.com

 

[Alexx1401]

Talk about a police interrogation gone wrong:


$900,000 Settlement After 'Psychological Torture' Spurs False Murder Confession
Thomas Perez Jr.'s father was alive and well when police in California sought a confession for his killing, Perez's attorney said.

At one point, authorities told Perez that his father had been found dead with stab marks on his body and that his remains had already been delivered to the morgue, the press release read.


Detectives eventually brought Perez's dog into the interrogation room and told him that it would be euthanized if he did not confess to killing his father, according to the judgment.


"How can you sit there, how can you sit there and say you don't know what happened, and your dog is sitting there looking at you, knowing that you killed your dad?" one detective said. "Look at your dog. She knows, because she was walking through all the blood."

$900,000 Settlement After 'Psychological Torture' Spurs False Murder Confession

Thomas Perez Jr.'s father was alive and well when police in California sought a confession for his killing, Perez's attorney said.

www.huffpost.com

I tend to believe nothing coming from that "news source" but, if this was really how it went down? I would have to wonder how the hell the Police still have jobs?

 

[arakboss]

Bly Mountain Area Homicide Investigation – Investigation Update

On 05/15/24, the Klamath County Sheriff’s Office responded to the report of a deceased male identified as Ted Foltz Tipton (age 53). The location was determin

www.google.com

 

[Knobgoblin]

I tend to believe nothing coming from that "news source" but, if this was really how it went down? I would have to wonder how the hell the Police still have jobs?

Lol.

Dude . Fontana PD is on live every weekend. They remind me of old school LAPD , or maybe Lakewood cops in the 90s. Those guys are overgunned, over aggressive, walk into a residence without probable cause, cuffem-stuffem mustache-mafia!

Every week when I see their antics I just laugh and sing " California Love" in my head.

 

[ma96782]

BUT, you get a CHEAP one.



Nah......YOU want some FREE ADVICE?



Aloha, Mark

 

[duldej]

I tend to believe nothing coming from that "news source" but, if this was really how it went down? I would have to wonder how the hell the Police still have jobs?

That's like San Gabriel Valley area in LA County. Around Alhambra. Law Enforcement is creative around there. Fmr Sheriff Baca was convicted for lying to FBI Agents in regards to LA County Jail abuse allegations/practices. The Perez case does not surprise me.

 

[American123]

Most people in the US, have been conditioned since childhood that police are "the good guys." Well, what's wrong with talking to "the good guys if I am innocent." (Even if they aren't innocent) Is likely a large factor in thought process.

It's not till they get older/wiser and hear the phrase repeated, "anything you say CAN AND WILL BE USED AGAINST YOU IN A COURT OF LAW," that they might figure it out, that talking to the police, in almost any circumstance, can hurt you rather than help you because everything you say to law enforcement can be used AGAINST YOU.

Doubt it? How many police officers advise their family and friends, if they get into a situation, say nothing. This has been consistent with multiple law enforcement I've known personally throughout the years. They know what gets people hung up who otherwise would walk - talking.

Getting back to the "why people talk?" - for many people, they are stuck in the mindset that talking to the "good guys" is safe and grew up in a society that conditioned them since childhood to listen to / follow the instructions of authority figures.

Just look up all the psychological studies on people following authority figures even when it is obviously something stupid / terrible and it's pretty clear why people so irrationally follow the commands of law enforcement to talk.

Additionally - lack of practice. Most people have very little practice interacting with police, the people who become very proficient at shutting up, even taunting police about their rights, typically are the ones who have more experience / practice interacting with law enforcement.

 

[arakboss]

Hopefully Klamath Co Sheriff doesn't have any ex Russian FSB on their interrogation staff.

https://www.cnn.com/2024/05/30/europe/russia-sexual-violence-occupied-ukraine-intl-cmd/index.html

 

[Sharkey]

Theres a show on TV later this evening about police interrogations. Is anyone here a police interrogator type person? I know they talk confessions out of people over hours of grueling banter. Theyres a whole training thing behind it and all that but why do people do it. I mean sit there and get interrogated? They can leave at any time. Or shut up. With no attorney present at that telling them to shut up? My involvement in criminal justice being squat I just dont see what the motivation is. Do they think they can talk their way out of prosecution? I used to know a guy who swore he could get me to confess to anything and Im thinking no you can't because I can shut my mouth very effectively. Anyone know about this stuff?

I can't remember doing any interrogations but I did many interviews and was successful in getting a 50yr sentence in one and life on an appeals case (though I didn't speak with the suspect in that case).
Many times suspects are not free to leave. Those that are, often sit for an interview to try to displace blame. Most convicted felons will tell you to pound sand. The bottom line is almost everyone that talks to you, lies to you. Lie to a Fed Agent and that in itself is a felony.
Before interviewing someone, you want to have as many answers as you can based on evidence that is not dependent on the suspect. The interviewer is looking for inconsistencies and trying to read your body language. There is a week long interrogation school (Wicklander?) They never sent me to but as a DA Inv. Most of my stuff was re-interviews and as a CPS Spec. Inv. It was not criminal but rather civil and that is how we got one guy. What he told me was very criminal in nature and the prosecutor was going to call me if he didn't take the plea.
If I am not asking you questions related to the case, Miranda is irrelevant (I am not an attorney). If you request a lawyer, that doesn't stop me from telling you what I know and telling you you might want to get a head of that. Parents told me all kinds of reasons why their child died. It was sickening.
Having attended Ayoob's LFI class, I plan to advise responding officers what transpired if I get involved in a shooting. I will point out evidence and advise I want to press charges THEN I will ask for an attorney and I do have one. Now if you straight up murder someone, yeah it is best to ask for a lawyer.

 

[Sharkey]

To quote George from Seinfeld - "It's not a lie if you believe it"

 

[WillametteWill]

Unfortunately the coppers just want somebody to pin a crime on. They don't particularly care if it's the actual offender or not.

Don't make it easier for them to pin it on you. Remain silent.

I'll start by acknowledging that there are examples of bad law enforcement interviews/interrogations out there. With over 700,000 officers, you will not have to look very hard to find some. After a career as an LEO and 25 years of training officers, in general terms, the above is not even close to the truth. Officers who act this way do not last long. They quickly get Brady letters in their files and are unemployable. I never cared who committed the crime or caused a crash, I just sought the truth. I can say I worked with others who felt the same way.

I can't think of anyone that has talked their way out of jail, But the jail is full of those that talked their way in!
If I am in a tense situation I will say as little as possible. My lawyer will speak for me. DR

When an officer shows up at a scene, they do not know what happened. If the good guy doesn't talk, and the bad guy does, the good guy is likely going to jail. So generally good people tell the truth, and they you get to listen to the bad ones tell lies.

If you only watch one video about why you shouldn't talk to police, make it this one.

You should also read his book. Including the part when he discusses the part about WHEN TO TALK TO POLICE. Specifically, like if you are forced to shoot someone. This video and his information is the most misquoted on the internet.

 

[arakboss]

I'll start by acknowledging that there are examples of bad law enforcement interviews/interrogations out there. With over 700,000 officers, you will not have to look very hard to find some. After a career as an LEO and 25 years of training officers, in general terms, the above is not even close to the truth. Officers who act this way do not last long. They quickly get Brady letters in their files and are unemployable. I never cared who committed the crime or caused a crash, I just sought the truth. I can say I worked with others who felt the same way.

When an officer shows up at a scene, they do not know what happened. If the good guy doesn't talk, and the bad guy does, the good guy is likely going to jail. So generally good people tell the truth, and they you get to listen to the bad ones tell lies.

You should also read his book. Including the part when he discusses the part about WHEN TO TALK TO POLICE. Specifically, like if you are forced to shoot someone. This video and his information is the most misquoted on the internet.

"If the good guy doesn't talk, and the bad guy does, the good guy is likely going to jail."

I appreciate your viewpoint. This makes it sound like the guy who exercises his right to remain silent goes to jail for exercising that right? Did I misunderstand?

 

[WillametteWill]

From Professor James Duane's You Have the Right to Remain Innocent:

"At the risk of stating the obvious, you should of course talk to the police (although as briefly as possible) in those situations in which the law requires you to call them (to let them know, for example, that you have been involved in an automobile accident or a shooting in which someone has been seriously injured or killed)...​

He goes on to describe other situations. His book is fantastic. As I have stated before, local police and feds operate on a different set of rules (they shouldn't). Talking to the feds when they knock on your door is a whole different ball game.

I appreciate your viewpoint. This makes it sound like the guy who exercises his right to remain silent goes to jail for exercising that right? Did I misunderstand?

This person you describe is not going to jail because they exercised their rights; it's because, for example, Person A is telling you that Person B just assaulted him with a baseball bat, giving you believable details, and they have injuries consistent with this story. Person B says, "I want a lawyer." You tell me, who goes to jail? This is how it works in the real world.

Now maybe Person B is innocent. Their lawyer is fighting an uphill battle. As I said before, police don't care who the bad guy is. Are they supposed to not arrest someone, possibly leaving a dangerous person in public, when they have credible evidence and statements that they committed a felony because they chose to not talk? (Which I agree is their right.) Actions have consequences.

This is why I have long recommended armed citizens review Massad Ayoob's information on what to say if you are involved in a DGU.

 

[arakboss]

From Professor James Duane's You Have the Right to Remain Innocent:

"At the risk of stating the obvious, you should of course talk to the police (although as briefly as possible) in those situations in which the law requires you to call them (to let them know, for example, that you have been involved in an automobile accident or a shooting in which someone has been seriously injured or killed)...​

He goes on to describe other situations. His book is fantastic. As I have stated before, local police and feds operate on a different set of rules (they shouldn't). Talking to the feds when they knock on your door is a whole different ball game.


This person you describe is not going to jail because they exercised their rights; it's because, for example, Person A is telling you that Person B just assaulted him with a baseball bat, giving you believable details, and they have injuries consistent with this story. Person B says, "I want a lawyer." You tell me, who goes to jail? This is how it works in the real world.

Now maybe Person B is innocent. Their lawyer is fighting an uphill battle. As I said before, police don't care who the bad guy is. Are they supposed to not arrest someone, possibly leaving a dangerous person in public, when they have credible evidence and statements that they committed a felony because they chose to not talk? (Which I agree is their right.) Actions have consequences.

This is why I have long recommended armed citizens review Massad Ayoob's information on what to say if you are involved in a DGU.

What I heard repeatedly from various attorneys is that you can never make your situation better by sharing your side of the story, you can only make it worse. If I hear the opposite from law enforcement who am I to believe? I will have to read his book.

 

[Ginocide]

I will also say (because I haven't seen it discussed much yet) that interrogators also use two more techniques called lying and threatening. You see the police's right to lie to you is protected (Frazier v. Cupp) and they can use it to force you into an admission, so long as they aren't overly coercive in doing so. This right to lie includes making up evidence they claim they have and making up eyewitnesses. They can also threaten you, but only indirectly, so no they can't say they'll break your fingers but they will say you'll get the electric chair plus 40 years unless you cooperate right now. Because of this, even innocent people are often bullied into a false confession because the police tell them they totally have evidence and witnesses that will convince a jury at trial so you're going to be convicted either way, but the judge will give a slap on the wrist for a first time confession if they don't make everyone waste time at trial (another lie they are allowed to fabricate).

Interrogators absolutely use these techniques all the time, and combine them with everything else discussed. Guilty or innocent, many people will think twice about their situation when a cop says they face 30 years in prison if they don't "cooperate" with an investigation while the cop goes out for 20 minutes to "get them coffee." This impetus and pressure makes them want to cooperate to try to clear their name (whether or not they're innocent), and this gets them talking and talking and talking. Remember that part of the Miranda rights: "anything you say can and will be used against you?" Well that applies here too; even if you're innocent and trying to cooperate, after 5 hours of talking and trying to cooperate with multiple people and saying the same thing over and over and over again you might make a mistake and they will latch onto that as evidence you were lying. Keep in mind this doesn't work the other way, their lies and verbal mistakes can't be used against you but yours can. Additionally, the more people you talk to and the more people you see (again, trying simply to cooperate) the more likely it is for a member of the police to misremember a detail in what you said that will then be used as evidence in a "your word vs mine" in court (in which the courts are often predisposed to believe the LEO).

Unfortunately the safest option, even if you're innocent, is to zip your lip and get an attorney.

This is a great video on the topic, and it gets into the unfortunate reality of the situation of how even innocent people get convicted, and it has the input of both a lawyer and a detective/prosecutor:

View: https://www.youtube.com/watch?v=d-7o9xYp7eE

 

[WillametteWill]

I appreciate the conversation with you @arakboss . I respect your thoughts on this subject.

Here is my $.02. Attorneys are nearly always working with someone who is guilty. I've heard multiple attorneys indicate that they think they have represented between zero and a few innocent people at trial in a career. Many may believe their clients have been overcharged (and quite possibly true, remember District Attorneys, not police, are responsible for what charges get filed) so they are working this angle.

I completely agree with James Duane in that statements should be limited. I've known people who have been in defensive gun uses, talked to police, and done fine. George Zimmerman was acquitted in large part because he talked to the police. Most of the talking should be done with your attorney present. What to say takes some research and prior planning. Just like practicing drawing from concealment, mag changes and malfunction clearances. But for many, learning how to prepare for the aftermath of a DGU is not as sexy, so they don't bother with it.

The canned, "I was in fear for my life, so I shot him," is terrible advice, imho. Attorneys, completely understandably, tell their people to not talk because, again rightfully, they do not prepare for the aftermath. Attorneys also rarely put their clients on the stand...because there is no good that is going to come from a guilty mouth. Yet Kyle testified, and this is greatly why he was acquitted. Because he could genuinely and humanly articulate the 'why' behind his actions.