the right not to incriminate yourself, ie not testify
I saw the video I get it, but in light of recent events not for me personally, but creeping into areas closer to home what do you actually say. I get the STFU thing, but you can’t be rude, you don’t want to cause a scene, you (well I would nervous) what are some helpful phrases to have on hand.
I take it when things ramp up you say “am I under investigation for a criminal act?” if answer yes you say “I will need to talk to my lawyer”, if the answer is “oh no sir just back ground checking” then you say “well I have nothing else to say”. But really the conversation will start off much more innocent, so how do you answer the questions and say nothing?
Just play stupid?
“I never heard of her”
WELL SIR SHE HAS YOUR NUMBER.
“Gee not sure how she got it”
Really would like to know smart ideas, just in case. You can never be too prepared
sirid
LIES!
Repetition is very helpful.
Am I free to go?
(If not, then..)
Am I under arrest?
(If yes, then..)
I would like an attorney...
You will not talk yourself out of trouble.
If you don't say anything, they may have to let you go (no evidence).But if you chit chat, your words will be used against you. Count on it.
If you lie, you will get yourself in MORE trouble.
Just prepare yourself for the moment and be ready to sit it out.
(when you prepare for the worst it seldom happens IMO)
Also, make an effort to conversate with officers you see out to lunch, coffee, on the street etc. Most people don't talk to police unless they're getting a traffic ticket or getting in trouble. So, naturally, whenever we talk to someone wearing a badge, it's a stressful situation. So, take the stress out and say hi to a cop today ![]()
xxx
Jinni
Excellent advice. Remember, "Anything you say can be used against you". Anything means anything. A request for a lawyer or to to exercise your right to silence cannot be used against you. Also, refusing a search cannot be used against you. Lies can be used against you and as evidence to justify further detention or arrest. Always be polite when you STFU. Ask if you are free to leave. If the cops do not allow you to leave, they must decide quickly whether or not to arrest. Cops can arrest you on very little evidence. Courts must have proof beyond a reasonable doubt to convict. The state must prove your guilt; you do not have to prove your innocence -- so do not help them.
And you are correct to feel that you do not want to ever be rude to LE. There's no way that is going to help matters.
What you can say in furtherence of civility is to simply state that the way you understand it, anything you say can be used against you; therefore you wish to assert your Fifth Amendment right to say nothing other than to give your name and address as courts have ruled you must.
If LE persists in asking you simple questions, don't fall for the bait. Simply respond again that you feel that you must not give out any information other than your name and address. It can be a struggle, LE is very talented in pursuing questioning but you simply have to keep your cool. Do not, for example, say "I don't know" (Even if you do not know!) For that could lead to a charge of lying to LE, which is a felony.
I was recently questioned for three hours (nothing to do with hobbying and a long story) and asked the same question over and over again in a 100 different ways until LE finally gave up and let me go home. They even used the good cop/bad cop routine. No charges have come of it simply because they have no evidence and they know it, as do I. It was no fun but here I am with no legal bills to pay. If I had broken down, I can assure you that I could not have made that statement.
I believe that the USA is unique in having the Fifth Amendment right to avoid self-incrimnation enshrined in the highest law of the land. It always amazes me how many people - smart, educated people, even lawyers - constantly fail to assert their rights and end up in jail or fined because of testimony that came directly out of their mouths.
I dare say the great majority of convictions come as a result, at least partly, of evidence given by the defendant themselves.
(still not a lawyer)
Ok thank you both and any others that respond. This is very helpful. So here is the made for TV script….
Let’s just say it’s a knock on the door to your door at your residence or any where else where you really would have no reason to think about STFU.
‘knock knock’
You open door to see 2 stunningly beautiful LE.
‘you’ hi there?
‘LE’ Hi there Mr So and So, how are you doing today?
‘you’ um fine thanks
‘LE’ Would it be ok to ask you a few questions?
‘you’ Sure thing what can I help you with?
ok at this point you don’t know anything they could be asking about a lost kittens, stolen car in neighborhood, fund raising etc so is this ok? Then if it’s not a lost cat and you are tipped off to what they are fishing for.
‘LE’ Do you know a Wanda Doeverything?
‘you’ If I understand it correctly, anything I say can be used against me; therefore I wish to assert my Fifth Amendment right to say nothing.
‘LE’ It’s just a simple question Mr So and So please just answer (or any thing else just stick to the above or say….)
‘you’ Am I free to go?
(If not, then..)
‘you’ Am I under arrest?
(If yes, then..)
‘you’ I would like an attorney...
Does that work? Ok what do you do if the scene is….
Walking out of a hotel to your car….
‘LE’ What were you just doing in there?
What do you say? You can’t lie, so right to….
‘you’ If I understand it correctly, anything I say can be used against me; therefore I wish to assert my Fifth Amendment right to say nothing.
Thanks again you can never be too prepared
sirid
(theorectically)
the authorities are supposed to stop questioning you once you request to have an attorney present.
They don't always do this, so another good line is to remind them:
"I would like to have my attorney present during any questioning, so please respect that I would like an attorney."
Just like they will ask you several different ways (the same questions), you must find several different ways to say the same things:
I would like an attorney
I plead the 5th
Am I under arrest
Am I free to go
It's also helpful that you thank them for doing their job, but to respect your position (you will not answer any other questions besides name, dob & address without an attorney present) Even such simple, every day questions like "what do you do for a living, are you married, kids, what kind of car do you drive, do you like your neighborhood, etc..
Repetition is your friend and avoid saying, I don't feel comfortable ___ (why, you got something to hide/don't we all? lmao) Keep it SIMPLE & direct
I want
I would like
Am I
xxx
Jinni
PS. Thx mrfisher ![]()
lmao
was that a freudian slip or what???
xxx
Jinni
They will start to take you downtown saying..."That's OK, the gal already confessed and is going to testify against you, so we don't need your statement....unless if you want to make this easier for all of us, just give us a statement so we can get this expedited and you'll be home in a few hours instead of in the lockup for a couple of days until you get a bail hearing."
Sounds tempting doesn't it?
It's all BS!
If they had the statement from her, they would never bother telling you all this. The paperwork for them is the same whether you cooperate or not. They are telling the gal the same thing as they are telling you.
Hold the line. STFU and assert your Fifth Amendment rights.
(still not a lawyer)
100% correct!
Absolutely right mrfisher -- right off page one of the cops interrogation manual.
getting you to talk is their job.
they have studied the art of interrogation EXTENSIVELY.
they know what will make you talk.
you have to be able to block out everything they say.
if you listen to the words that come of their mouths, you will talk to them.
practice by going into a room with the television or radio turned on.
now, dont listen. you don't hear the words. you just hear noise.
nobody goes to jail for being deaf.
if you listen to them, you will talk and if you talk you will go to jail.
they lie, i promise you they lie and they're really really good at it and it's really hard to believe that about the people who we have always been taught will help us, but i swear to you, in an investigation, every word they say is a lie.
if you tell them you want to invoke your right to remain silent, they are supposed to stop questioning you. they won't. they will continue to question you, about seemingly unrelated and very "safe" topics such as are you enjoying the lovely weather we're having lately ?
too bad you didn't just listen to me and go deaf and now you feel compelled to answer because you don't want to appear to be rude.
"i'm sorry, i don't want to be rude but i cannot answer any questions until i've consulted with my attorney"
"well mr sirid, do you have something to hide regarding your feelings about the weather"
you want to tell them "no, of course not" but when you do, you've also said "ask me some more questions because i'm willing to answer them now" and when they ask you the next question, it wont be about the weather, it wll be about the case and "why are you all of sudden not willing to talk to us" and then you start to stumble because in your head now you know you look guilty guilty guilty but you're not guilty so you need to explain this to them somehow...... and you're now a deer caught in the headlights, putty in their hands, and RIGHT WHERE THEY WANT YOU.
shut up shut up shut up
WHO CARES if they think you're guilty... they aren't the ones who decide guilt or innocence.... some of them are too stupid to even UNDERSTAND the laws they are supposed to be enforcing.... some of them do understand them but LIE to you about what they are and you will believe them because you think they have authority in regards to the law and THEY DON'T ......all they can do is arrest you (if you don't have a cow and start moo-ing, you'll be out in a couple of hours), it is up to a judge if you're guilty or not...... . let them think whatever the hell they want..... they are government workers, when was the last time a government worker dazzled you with their keen intellect ?
when the children who are trafficked into the us and sold into the sex slave market are rescued, they are arrested for prostitution so before you believe that the nice law enforcement officers are interested in helping you, make sure you know what their definition of "help" is first.
I take it when things ramp up you say “am I under investigation for a criminal act?” if answer yes you say “I will need to talk to my lawyer”, if the answer is “oh no sir just back ground checking” then you say “well I have nothing else to say”. But really the conversation will start off much more innocent, so how do you answer the questions and say nothing?
Just play stupid?
“I never heard of her”
WELL SIR SHE HAS YOUR NUMBER.
“Gee not sure how she got it”
Really would like to know smart ideas, just in case. You can never be too prepared
sirid
It might be wise to start out by saying: "I do not want to answer any questions unless my lawyer is present."
Technically, anything said after that is inadmissable even if you confess to killing JFK.
Also, you might try asking a question yourself such as: "Why are you continuing to question me since I already said that I will not answer any questions unless my lawyer is present?"
By the best is to just dummy up the best you can.
With any luck, they will get the picture and toss you back in the pond. They don't want to waste their time on someone whom most likely will not get them anywhere while there are plenty of other fish left to catch.
(still not a lawyer)
Questions that they ask right out of the gate about things that may or may not be incriminating, or seem to apply to you. Does the 5th only apply after you've been arrested?
the right not to incriminate yourself, ie not testify
they dont have to advise you of miranda rights until after you've been arrested.
so they will interrogate you
then arrest you
then read your rights
people think that they cant use the interrogation that was done beffore they were read their rights and thats not true .... they are careful to interrogate you first .... they even tell you that they aren't going to arrest you when they're interrogating you
LOL
thats a trick to make you talk
of course they arent going to arrest you, they have nothing to arrest you for yet .... until you tell them something incriminating ... and as long as they havent arrested you yet, they don't have to remind you about your widdle constitutional right to remain silent.
and when you "confess" to your crimes, "oh my goodness, you're a criminal and now we have to arrest you sir" then they arrest you and read you your rights and you got nothing to groan about because that is legal and thats how they get the job done.