The lawyer who did the "Don't Talk to the Police" videos wrote a book

[RevDisk]

So, there's a new book out from James Duane. Who is he? He did the "Don't talk to the police" viral video.
https://www.youtube.com/watch?v=i8z7NC5sgik
A police officer refuted him with "Ayep. Everything that guy said. Actually, it's a lot worse."
https://www.youtube.com/watch?v=08fZQWjDVKE

The police officer was very comfy stating so, because as he says, most criminals are stupid. They talk themselves into prison, all day long. The video was pretty good, on both sides. But times change. Mr Duane wrote a fairly short but excellent book that is a necessary update to his classic video. Like the overwhelming majority of police, he firmly believes that he only puts guilty people in jail. Unfortunately, being innocent isn't always enough of a defense.

Thanks to the hardwork of the Department of Justice, there's some fairly modern changes.
1. Pleading the fifth can be a sign of guilt now. Don't do that. Plead the Sixth.
2. You don't actually have a literal right to remain silent, only a metaphorical one. Physical silence can be held as a sign of guilt now, per Salinas v. Texas. You must formally invoke your right to silence.
3. Grammar can get you into prison. Be very very very careful in how you invoke your rights.
4. Remember, the cops can lie to you. You cannot lie to the cops.

etc, etc.

It's a really good book and well worth the read. Covers a bit on taking to feds vs talking to the police. The lawyer goes over when to be a reasonable person (always give your name and what you are currently doing at exact second if asked) and when to lawyer up (virtually any other time). Is it overkill? Probably. He was a defense attorney. It's short. I picked it up on kindle unlimited for free, otherwise $6 for the ebook and $10 for the paperback. Worth every penny.

[HeroHog]

Kindle Link! Kindle Link! Kindle Link!

[HeroHog]

https://www.amazon.com/You-Have-Right-Remain-Innocent-ebook/dp/B01DAD218W/ref=sr_1_1?s=books&ie=UTF8&qid=1476207582&sr=1-1&keywords=%22james+duane%22

[roo_ster]

My kiddos are quickly approaching the age at which Uncomfortable Truths must be broached.  Among the long list of UTs is interaction with LEOs.

[RevDisk]

I was thinking after I posted. It'd be a really good read for any kid with their head mostly screwed on tightly. In other words, possessing the wisdom to know that even if LE officers are part of a broken legal system with the odds hugely rigged in their favor, it still behooves a person to be polite and reasonable to the police while at the same time being cognizant of the insane legal advantages they possess. In other words, they can screw you over in a heartbeat if inclined but that's no reason to lack decorum and common courtesy. As well as knowing that statistically, your only interaction with the police is an occasional speeding ticket or asking for an incident number for an insurance claim.

[makattak]

I was thinking after I posted. It'd be a really good read for any kid with their head mostly screwed on tightly. In other words, possessing the wisdom to know that even if LE officers are part of a broken legal system with the odds hugely rigged in their favor, it still behooves a person to be polite and reasonable to the police while at the same time being cognizant of the insane legal advantages they possess. In other words, they can screw you over in a heartbeat if inclined but that's no reason to lack decorum and common courtesy. As well as knowing that statistically, your only interaction with the police is an occasional speeding ticket or asking for an incident number for an insurance claim.

That's extremely important, because a lot of people lack the maturity to realize that "Don't Talk to the Police!" tends to be in circumstances where you are suspected or could be suspected of a crime.

Case in point- my most recent encounter with the police, I called them because I witnessed a rather severe accident. (Thankfully, it appeared no one was hurt, undoubtedly due to modern crash technology).

I gave the officer my name and phone number and a brief description of what I saw. He thanked me and then let me go on my way.

Most people would act this way, but some would get fixated and either drive away so they "don't talk to the police!"¹ or start screaming about My Rights! and "I take the fifth!"

Thankfully, most mature adults are not of that nature, though I can recall descriptions on this forum of this sort in the courtroom. What I'm trying to say is the importance of Rev's first sentence:

I was thinking after I posted. It'd be a really good read for any kid with their head mostly screwed on tightly.

1: I didn't think of it when I first posted, but the vehicle closer to the accident, in front of me but behind the wreck stopped for 5 seconds and then just drove off. It was odd, to say the least. 

[cassandra and sara's daddy]

So long as you don't inadvertently coach your kid to be this guy
https://www.washingtonpost.com/news/the-watch/wp/2015/06/22/mistake-over-high-beams-ends-with-michigan-cop-killing-teen/?utm_term=.b95f67f5a732


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[roo_ster]

I was thinking after I posted. It'd be a really good read for any kid with their head mostly screwed on tightly. In other words, possessing the wisdom to know that even if LE officers are part of a broken legal system with the odds hugely rigged in their favor, it still behooves a person to be polite and reasonable to the police while at the same time being cognizant of the insane legal advantages they possess. In other words, they can screw you over in a heartbeat if inclined but that's no reason to lack decorum and common courtesy. As well as knowing that statistically, your only interaction with the police is an occasional speeding ticket or asking for an incident number for an insurance claim.

Ayup, a distillation of what I would tell them.

[HeroHog]

I got the book and will try to read it tonight/tomorrow.

[MechAg94]

I agree with Revdisk. Nearly all the examples he and the cop mentioned on the video were people who had committed crimes and decided to go talk to police later.  They walked into it.  I guess I need to watch them again as I don't remember any examples of people talking to police at the scene of a crime (such as after a self defense shooting). 

IMO, you do need to be on guard for police who seem to be assuming you are guilty.  However, being a jerk at the scene doesn't help you out on that front and it doesn't gain any sympathy later when the tape is played in court.

[MechAg94]

I decided to play the video and again.  The guy makes some very good points as long as you don't read too much into it.  The main thing is:  don't agree to police interviews without your lawyer involved, and guard against being too talkative or speaking out of anger.  I got the same message about being too talkative when I sat for a deposition.  It is easy to get talkative and either say something that could be construed as incriminating or say something that is not entirely true and be accused of lying.  The final thing to me is to record any encounter with police if you can and never believe anything they tell you or try to convince you of.  

One of the self defense stories I read about recently, the guy who defended himself was up on adrenaline and very animated, excited, and perhaps short tempered with cops.  This rubbed at least one of them the wrong way and contributed to them taking the thugs word over his as to who caused the incident. 

[cassandra and sara's daddy]

I always chuckle when the lawyers say none of their clients who talked to cops did themselves any favors. If you do it right you never need the lawyer. He only gets the failures


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[MechAg94]

I was off a little.  It was the officer who spoke that talked about interrogations.  The lawyer was talking about any encounter.  The main idea I got from him was either don't talk to the police or stick strictly to the fact you personally witnessed or know for certain.  If you are not certain about that, you are probably already talking too much.  Also, police are not on your side.

[Scout26]

Yep, pretty much the same advice I gave my soldiers and my sons.  

Ask for a lawyer and then STFU.  Then when you are done SingTFU.  STFU some more.  And keep SingTFU until I or the lawyer gets there.  Then talk only to me or the lawyer.

If pulled over, STFU.  Turn the interior lights on and put your hands on the ceiling or on the top of the steering wheel and keep them there.   Only give them your license, insurance card, and registration when they asked for.  All kinds of extraneous movement in the car before they walk up to the window makes cops nervous.  TELL THEM what you are going to do before you do it.  "My insurance card and registration are in the glove compartment.  I've going to remove them."  "'My driver's license is in my right hip pocket, I'm going to remove it."   Then STFU.  Don't answer any questions. Continue to STFU.  

IF ASKED!!!!  Do not consent to any searches.   Don't be a dick. Smile, Only cooperate to the extent that you don't get shot.  If they pull pistols, you done *expletive deleted*ed up bad, and at that point, simply do what they tell you.  We can and will argue the matter in court.  But it's hard to do that when you are dead.  

[MikeB]

Someone needs to do one of these for SOX, Corporate, Govenrment, FDA, etc. auditors. :)

Don't volunteer information and don't get talkative; just like with the Police.

[MillCreek]

Someone needs to do one of these for SOX, Corporate, Govenrment, FDA, etc. auditors. :)

Don't volunteer information and don't get talkative; just like with the Police.

This is the advice I give my providers when they are being deposed in a personal injury claim.

[MechAg94]

I remember one of the Heinlein books had professional witnesses that were supposedly trained to observe and only say strictly what they witnessed and no more.  (Stranger in a Strange Land I think)  If you had to answer questions, that is along the lines of what I was thinking.  

If I remember right, it is along the lines of "Where are you headed?"  ---  "That way".  Don't try to explain anything.  Don't try to persuade anyone.  Don't volunteer information.  Most especially don't try to be friendly or do small talk. 

[AmbulanceDriver]

I remember one of the Heinlein books had professional witnesses that were supposedly trained to observe and only say strictly what they witnessed and no more.  (Stranger in a Strange Land I think)  If you had to answer questions, that is along the lines of what I was thinking. 

If I remember right, it is along the lines of "Where are you headed?"  ---  "That way".  Don't try to explain anything.  Don't try to persuade anyone.  Don't volunteer information.  Most especially don't try to be friendly or do small talk. 

Yup, Stranger in a Strange Land...   I liked the example where Jubal asks Anne (the Witness) what color the house on the hill is, "It's white on this side".

[Ned Hamford]

Yup, Stranger in a Strange Land...   I liked the example where Jubal asks Anne (the Witness) what color the house on the hill is, "It's white on this side".

And the impartiality of the Witness; 'Shame no one asked me to check the foot callouses for that fellow you think is impersonating the Martian.'

Acting as a lawyer; you really see how often position predates inquiry. 

[De Selby]

I always chuckle when the lawyers say none of their clients who talked to cops did themselves any favors. If you do it right you never need the lawyer. He only gets the failures


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This is assuming people who have arguably done something wrong.  There is no "doing it right"