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You have the right to remain silent

delphi773

New member
Great Thread....Great Thread.....Great Thread

Rule # 1 in life: Don't Talk To Cops!

I learned this the hard way when at age 19 I was detained for a semi-serious offense. Being that this was my first encounter with LEO I was scared shitless and although I did not snitch and never would have, I did give them a written confession. This was of course after hours of interrogation in which they threatened me with 10 years in jail and the pleasures of being someones bitch and eating their cock-meat sandwiches all day. Needless to say due to my folding to their pressure and handing them over a written confession I got hit with the FULLEST extent of the law and a very harsh penalty (felony conviction) even though they promised to go easy on me and "talk to the judge/DA for me", this is all bull shit, they WILL NOT HELP YOU IN ANYWAY. The real slap in the face came when my attorney told me he could have, "without a doubt", gotten all the charges dropped or converted to misdemeanor offenses due to clear improper search and seizure. The cops knew that based on how they busted me, and the fact they searched with no warrant, that they had to get a confession in order to convict, that is why I was interrogated for over 6 hours for something that did not involve any violence, robbery, or crime against another.

Long story short is they promised me all kinds of BULLSHIT and it was all lies at the end of the day I still was convicted for three felony counts, they still confiscated my vehicle ($12,000 loan that was still outstanding), and all my cash (approx $4000), plus harassed my family and my girlfriend (in which they detained as well and used against me to gain a confession).

I had to learn the hard way but I guarantee you one thing, NEVER AGAIN.

Please burn these words into your brains:

"I DO NOT CONSENT TO A SEARCH, I AM GOING TO REMAIN SILENT, I WANT TO SEE AN ATTORNEY"

These three phrases will save your ass on some level every time no matter the crime, AMEN!
 

hkush

Member
Watch COPS for great pointers on what not to do. Party Heat is good too. For instance in yesterday's episode a guy on a boat in the middle of lake Havasu was asked to take a sobriety test (breathalyzer). He wasn't noticeably drunk, but refused the test. After several tries by the cop to convince him to do it or he'd be arrested, taken to Needles CA. and get blood taken he still refused. I'm not sure how far Needles is, but its a lot farther than the police boat, and time is your friend.

He did make one mistake by telling the cop he had a beer that day. Should have politely refused to answer that question. Its none of a cops business if or when you have ever drank liquor. You don't answer with "no", you answer with, "Don't ask me any questions". There's a big difference between refusing to answer and lying.
 

Ty_Kaycha

Member
...The best advice that I, or any Lawyer will give you is to keep your mouth shut. You have that right. USE IT...

Great thread & great advice! Too many people are too quick to give up their rights. When in doubt, shut up until you talk to your lawyer!

Being Innocent or Not Guilty doesn't matter, things & words can easily be twisted to look bad for you. I've had to learn this lesson the hard way!!!
 
question- I got a buddy who just got in some trouble in a small town. Im telling him to lie to his lawyer and tell him hes innocent. is this good advice? I dont trust lawyers, especially in small towns, and I dont see why they would need to know anything other than the evidence brought against you and that your innocent, to make a good defense.
 

Cheerful

Active member
Folks, if you read every thread in this forum and search on everything, you MUST watch this video. It is a spectacular presentation on your rights and gives you great insight on how your rights work and how police exploit them.

Also, don't bother with the torrent, watch it here online:
http://video.google.com/videoplay?docid=-4097602514885833865 -- James Duane "never talk to the police"

Also, watch this too -- this is part 2, given by a police officer that watched the previous presentation. Another GREAT video:
http://video.google.com/videoplay?docid=6014022229458915912&q=&hl=en -- Officer George Bruch "james duane is right" ;-)

For me, watching these videos was a LIFE-CHANGING EVENT. I watched Part 1 again right after Part 2, there is so much info given. Even now thinking back on it, I feel like I got kicked in the gut, i was so horrified at the heretofore "ignorant bliss" I had been living under. PLEASE WATCH THE VIDEOS!!
 

StacksOnDeck

New member
If you know how to work with bittorrents then this is the best video on the topic I've ever seen. Very good info posted here but this guy goes a bit more in depth. Wish I could just post the vid here, but sorry you gotta go get it for yourself but I am betting you'll be happy you did! I use Utorrent to dl from PB.

How to Talk to the Police
by Prof. James Duane

http://thepiratebay.org/tor/4190724/How_to_talk_to_the_Police_by_Prof._James_Duane_(XviD)

Main points:
In praise of the fifth Amendment right to not be a witness against yourself.

Why I am proud to admit that I will never talk to any police officer.
great great great videos..
 
For me, watching these videos was a LIFE-CHANGING EVENT. I watched Part 1 again right after Part 2, there is so much info given. Even now thinking back on it, I feel like I got kicked in the gut, i was so horrified at the heretofore "ignorant bliss" I had been living under. PLEASE WATCH THE VIDEOS!!

The videos in my signature (same as the ones you watched plus one additional of equal or greater value) also offer a reasonable test of intelligence. That is, if you don't believe them, are too arrogant and dull witted to take their advice very literally, or espouse your own, "kewl" way of talking to The Man, then I have a pointed hat and a corner with a stool waiting for you. :dance013:

Sadly, the dunce corner is as overcrowded as the penal system. You can bet that there is a direct relationship between the two.

Don't simply watch these videos, memorize them. Write down the lessons, rehearse how you are going to handle yourself. Be prepared.

Not ignorant, blissful or not.
 

Greyskull

Twice as clear as heaven and twice as loud as reas
ICMag Donor
Veteran
this is a good thread and folks do need to know/understand what their rights are when dealing with illegal/quasi legal matters.

you can be prepared and know your rights and still operate in a polite/kewl manner

you dont need to go on the all out aggressive/defensive... you can be passive/defensive (much like aikido) and come away from your encounter with the law unscathed/uncharged

different strokes for different folks though. as long as you go free is the most important thing.

JJScorpio said:
Remember, be polite......
^^^ thats the first thing the lawyer told us about dealing with the law when we set up our business ^^^
 

Muggle

New member
Yes, you have the right to remain silent...and in some cases, your silence will be your undoing.

First and foremost, you have to know your adversary, his strengths and lack of them. Then with study and practice you can best choose the right strategy.

For instance, trained DEA, TSA and LEO (such as police who specialize in interstate and highway interdiction), are highly skilled at reading those they profile, pull over and interview. Body language, when you are aggressive, why you weren't offended, temple pulse...a myriad of things that they use very quickly to make a decision to push a search, bring in the K9s or walk away. This is good, learn what works with them.

Now if Bumpus County Patrolman Charlie Dimbrains yanks you over, you have to know what tools he has, which may be none. No dogs, no reading people, he's dangerous because he is stupid. Try to play the "I don't have to talk to you and won't" ploy with him, and he may cuff you and shove you into Bumpus County jail because he needs to take a leak and he don't like your hair :). If you have stowed your contraband properly, let him search! When he doesn't find anything, you're better off than having him haul your call back to the Bumpus County police station where his nephew-tractor mechanic Doofus Dimbrains can strip it naked...because he can!

Then there is the metro policemen who knows that he can't search without consent, detain you or fool around with your rights. He's a great target for the Professor James Duane approach.

http://video.google.com/videoplay?docid=-4097602514885833865#

Point: It ain't easy, there is no one right answer, your best bet is study, thinking, planning, limiting risk and being prepared when all goes to the shi**er.
 

herbwarts

Member
Aggressive is kind of out of the question for me but it never stopped them from throwing me to the ground. After telling them "I wished to remain silent" that never slowed down the question or the insults. It wasn't until I gave them my name rank ss number they stopped asking me question. Then they dragged me out without my shoes or my medication. The point being it doesn't how polite you are to them you're trash as far as they're think.
 

supermanlives

Active member
Veteran
Aggressive is kind of out of the question for me but it never stopped them from throwing me to the ground. After telling them "I wished to remain silent" that never slowed down the question or the insults. It wasn't until I gave them my name rank ss number they stopped asking me question. Then they dragged me out without my shoes or my medication. The point being it doesn't how polite you are to them you're trash as far as they're think.

i got pulled out in my bathrobe nothing underneath. told em nothing but my name ss number and such. beat my case not mj related tho.never feed the fire. be nice but give no info
 
Folks, if you read every thread in this forum and search on everything, you MUST watch this video. It is a spectacular presentation on your rights and gives you great insight on how your rights work and how police exploit them.

Also, don't bother with the torrent, watch it here online:
http://video.google.com/videoplay?docid=-4097602514885833865 -- James Duane "never talk to the police"

Also, watch this too -- this is part 2, given by a police officer that watched the previous presentation. Another GREAT video:
http://video.google.com/videoplay?docid=6014022229458915912&q=&hl=en -- Officer George Bruch "james duane is right" ;-)


Great videos, very interesting and entertaining, worth watching.
 
Have had the TIVO recording many episodes of "The First 48". All the cases are murder cases, but the success of the no talking rule is VERY evident.

In almost all cases, the suspect who doesn't talk will walk. Either hes arrested with sufficient probable cause but has the charges later dismissed, or he is never arrested. In nearly every case where he DOES talk, he goes down.
 
Do not lie to your attorney. They cannot incriminate you under the rules of ethics.

I get the gist of that, but expanding on it is this interesting read:

If you go to your attorney for advice on a future crime, the attorney/client privilege may not apply.

---
Attorney/client confidences are often described as "inviolate." However, this description is misleading. The attorney/client privilege is subject to several exceptions. In the United States, Rules of Evidence state that "the recognition of a privilege based on a confidential relationshipshould be determined on a case-by-case basis." In examining claims for privilege against objections that an exception should be made in a particular case, courts will balance the benefits to be gained by protecting the sanctity of attorney/client confidences against the probable harms caused by denying the opposing party access to potentially valuable information.


The crime-fraud exception is one of the oldest exceptions to the attorney/client privilege. The attorney/client privilege is ultimately designed to serve the interests of justice by insulating attorney/client communications made in furtherance of adversarial proceedings. The attorney/client privilege does not extend to communications made in connection with a defendant seeking advice on how to commit a criminal or fraudulent act; or a defendant's statement of intent to commit a crime. In nearly all jurisdictions defense lawyers can be compelled to disclose such information to a court or other investigating authorities.

A party seeking discovery of privileged communications based upon the crime-fraud exception must make a threshold showing that the legal advice was obtained in furtherance of the fraudulent activity and was closely related to it. The party seeking disclosure does not satisfy this burden merely by alleging that a crime or fraud has occurred and then asserting that disclosure of privileged communications might help prove the crime or fraud. There must be a specific showing that a particular document or communication was made in furtherance of the client's alleged crime or fraud.

http://defensewiki.ibj.org/index.php/Relationship_between_Defense_Lawyer_and_Defendant
 

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