Legal Experts: Even TOTALLY INNOCENT People Should Avoid Talking to Law Enforcement

Supreme Court Rules You No Longer Have the Right to Remain Silent

A law school professor and former criminal defense attorney explains why you should never agree to be interviewed by the police:

Other criminal defense attorneys agree:

As does police officer George Bruch of the Virginia Beach Police Department:

We’ve previously documented that there are so many federal and state laws in the United States, that no one can keep track of them all, and everyone violates laws every day without even knowing it.

As such, it is best to avoid law enforcement when possible.

It’s vital to note, however, that the Supreme Court ruled this year that your silence CAN be used against you (the link is to the website of one of America’s top constitutional law professors) … at least until you’re read your Miranda rights.  Therefore, if you remain silent when police are questioning you, it is very important to tell the police that you are exercising your right to remain silent.  As the Atlantic notes:

Basically, if you’re ever in any trouble with police… and want to keep your mouth shut, you will need to announce that you’re invoking your Fifth Amendment right instead of, you know, just keeping your mouth shut. “Petitioner’s Fifth Amendment claim fails because he did not expressly invoke the privilege against self-incrimination in response to the officer’s question,” reads the [Supreme Court] opinion ….

It’s Not Andy Griffith’s America Any More

This is not to say that all law enforcement personnel are bad folks. Many of them are outstanding people.

But our police forces have become so insanely militarized and the fear of terror has become so wildly overblown that many law enforcement personnel have become hair-trigger tense.

People have been severely harassed when they’ve asked for help from law enforcement.  For example, an anti-war website was spied on for 6 years after they asked for help by the FBI.  And the FBI rifled through all of a woman’s electronic communications after she told the FBI that she was being harassed.

Police have recently tasered numerous deaf or retarded people for “failing to follow orders”.

And they’ve shot and killed people who were just looking for help.  See this and this.

Again, we’re not trying to paint with a broad brush; most law enforcement personnel are good folks just trying to do their job.  And police are human, too … sometimes they get scared and overreact.

But it’s not the same ole Andy Griffith show type demeanor among law enforcement today.  So it’s best to be careful.

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  • Charlie Primero

    This is true. The primary purpose of the “Justice System” is to extract money from the livestock. Win, lose, or draw, any contact with the “legal” system will cost you money, even if you are the victim of a crime.

    • bobfairlane

      Yeah, like having to pay to get your car out of impound, if you are falsely arrested, or negligently arrested for in a mass of warrants to catch someone with the same name as the wanted suspect.

  • Susan J. Barretta

    If they are such “good” folks then why aren’t they reining in the bad ones? “Just doing my job” has historically been the road to hell.

    • Old Wolf

      And ‘Just following orders’ got the Nazis hanged in the nuremberg trials.
      Title 18, section 4 of the us code requires, if they are aware of a criminal act, cognizable by the United States, to bring it before civil or military authority. Title 18, section 3, says that if a person prevents it from coming to trial, though not a principle to the act, they are an accessory, or if they aid, abet, or relieve the offender, or attempt to cover it up.
      Title 18, section 2, states that whoever does the act, or orders an act done that if done by him would be a felony, they are a principal to the act.
      Unfortunately, at this point, the criminals have raised to the highest levels of enforcement. It’s hard to throw them out, as their agents count and guard the votes, prepare the voting machines, etc.

      • http://www.socionomics.net/press/book_reviews/Calderwood_TomorrowsHeadlines.html David C.

        US soldiers murdered prisoners of war and did many other things that got Germans and Japanese hung after the war. War is institutionalized evil, so this is predictable.

        Just as the Golden Rule is “He who has the gold makes the rules,” war crimes are defined by the victors and enforced only on the vanquished. There is no such thing as a set of rules everyone (including the rulers) obeys.

        This is why monopoly systems of government (i.e., all political systems) are criminal in their entirety. They rely on a set of people empowered by consensus to make and enforce the rules, thus guaranteeing that those same people will sit in judgement on their own actions.

        Guess what? Rulers and their agents somehow never seem to be guilty of crime. Only rarely, once in a great while, do they throw one of their own overboard, just to fool the public into thinking that “we’re all the same.”

    • http://www.socionomics.net/press/book_reviews/Calderwood_TomorrowsHeadlines.html David C.

      Cops cover for each other for the same reason doctors cover for each other.

      They are afraid that if they step out of line, someone else might call them out on it and they would lose their occupation (default on the mortgage, the kids won’t go to college, they’ll become homeless, etc., etc.).

      Covering up the crimes, malfeasance and ineptitude of their peers is part of self-preservation. It cannot be otherwise, and so we continually have the problem, “Who watches the watchers?”

    • Patriot1

      From the movie “Cool Hand Luke.”
      Boss man: “Sorry Luke, I’m just doing my job.”
      Luke: “Doing your job don’t make it right boss.”

  • Michael Sievers

    LOL. I have been saying this for years.

  • SupernaturalCat

    Your papers, please…

    • Cloudchopper

      t least they asked for papers first. Many of our cops shoot first and ask for papers later.

  • http://sexoffenderissues.blogspot.com/ Sex Offender Issues

    We agree, you should NEVER talk to the police, request a lawyer and exercise your fifth amendment and REMAIN SILENT!

    http://sexoffenderissues.blogspot.com

    http://www.facebook.com/OfficialSOIssues

  • racerx605

    ‘good folks’ would honor the constitution/bill of rights and the oaths they take to it, not enforce laws that are in complete violation of it then pass off the responsibility for their actions with ‘just followuing orders’… (good folks, what a joke)

  • big bird

    I’m not saying there aren’t decent people in law enforcement, I just know too many that had low self esteem issues when they were young and joined law enforcement to prove something

  • hp b

    First of all let’s 86 this cop worship nonsense. Their elevation to ‘hero’ status is pathetic.
    Their jobs aren’t even top ten dangerous (look it up) and half their ‘died in the line of duty’ is a result of their crashing their cars driving around like maniacs. (look it up)
    95% of the time all they need is a pen and paper to write down the crime data – AFTER THE FACT!

    When a cop (or a soldier) dies, it’s not any more tragic than when you or me or anyone else dies.
    Period.

    • http://www.socionomics.net/press/book_reviews/Calderwood_TomorrowsHeadlines.html David C.

      Fabulous!

      Every loved one’s death is tragic. No person’s passing is more tragic than another, especially based on their occupation, most especially based on their connection to the “public sector” (like cops, soldiers, politicians).

      It makes me nauseous to hear people say, “Thank you for your service.” Cops don’t suppress crime and soldiers don’t secure liberty. Those who imbibe of these myths are guilty of shallow thinking.

  • Chiron_Venizelos

    The Sumerians had it right: “Do as you will and harm none; this is the full extent of the law.” Shakespeare also had it right: “First, we hang all the lawyers.” (The politicians would be next!) Finally, the only difference between the cops and the other criminals is that the cops have badges and they have the law on their side.

    • Phil LaDelphia

      Please reverse the order – politicians 1st then lawyers…thanks

      • hp b

        Editors belong there also.

    • http://www.socionomics.net/press/book_reviews/Calderwood_TomorrowsHeadlines.html David C.

      Lord Acton had it right: Power corrupts. Taken to its logical conclusion, all political systems are nothing but criminal enterprises, the Mafia with elections.

      Seen this way (stripping off the civics class mythology in which everyone is indoctrinated), the cops serve as Mafia enforcers, high politicians are Mafia Dons, tax collection is Mafia extortion (pay up or we’ll burn down your house or your business turns into pay up or we’ll take your bank account, take your house/business and/or put you in a cage) and nothing should surprise us.

      Every intelligent person is an anarchist. (The libertarian kind, not the socialist-bomb-throwing kind.) Only laws against harming others directly (no robbery, no assault, no murder) should exist. Everything else is a tort (a tresspass), to be adjudicated in civil suit via arbitration, rarely in court. Instead we are suffocating under fiat legislation whose purpose is to control us like cattle and fleece us like sheep.

      • Chiron_Venizelos

        David, I see that you, too, are a thinker and a pragmatic one. Thanks for expanding this line of reasoning.

  • gozounlimited

    You might also want to refuse to show your breasts….. Arkansas cop tasers woman who refuses to show him her breasts: lawsuit…. http://www.nydailynews.com/news/national/woman-tasered-refusing-flash-suit-article-1.1506965

    You might also want to keep your anus to yourself …… Cops Now Enforcing Anal Probing On Americans Routinely …. http://www.prisonplanet.com/cops-now-enforcing-anal-probing-on-americans-routinely.html

  • sgtsgirl

    A police officer is not a soldier. Most police officers have a very vague idea of the laws in this country and will often bend them what ever way works for them. Their jobs are dangerous and high stress. Officers often become super aggressive out of repeated incidents of exposure to fearful situations. One should never address a deputy or officer as sir or officer…read their badge and address them by name. (Mr. or Mrs.). This sends the message that they are in fact your equal. There are a lot of deputies and officers out there that were bullied as children or were the bullies ; thus the cycle continues. Just as predators seek jobs to get at children, police often seek jobs that inflate their egos and concept of power. Very few police officers join because they want justice for all. I, agree, never call the police unless it is absolutely necessary, as they very rarely ever help you without actually hurting you more.Excess power corrupts. No oversight…corrupts. Learn to defend yourself against the thugs and the police…or maybe they are one of the same.

    • hp b

      “Their jobs are dangerous and high stress.”

      Baloney. Once again, look it up. The cop’s job is not even in top ten most dangerous.
      Sure, certain areas like big cities are dangerous, but the majority of small town, small city, highway patrol, etc. is a piece of cake compared to working construction or at the 7-11, etc., etc..

      Same thing with soldiers. Yes those in combat suffer horribly but nine out of ten aren’t in combat.
      They’re in the mess, supply, delivering mail, motor pool, etc., etc.

      Not saying it’s anyone’s fault, it’s just the facts.
      A soldier who is assigned to the motor pool or the mess hall, no matter how important the job, is not exactly in danger like a combat soldier. So why pretend they are?

      • hp b

        Not meaning to be rude to sgtsgirl.
        She made valid points.

      • mike

        obviously you have no idea what goes on in a major metropolitan police department or the military. you write your comments safely in your house. have you ever served during wartime? have you ever worn a police uniform and patrolled the streets of a gang infested neighborhoods alone? I understand there are few people in the military or police dept. who are always safe somewhere being protected by their buddies in the higher ups.

        • hp b

          Read what I said again, mike, before you start knee jerking all over the place.

          Yes I was in the military. That’s why I know that for every combat soldier there are two hundred who aren’t. They’re support. As I said, just the facts. If you’re military you know this is just a simple fact. And it really is far more dangerous working construction, logging, 7-11 or driving a taxi than it is being the average cop.

          Also, I’m pretty sure I differentiated between a “major metropolitan police department” and the highway patrol, small city, town, village, police depts. Two different things. The police in the major metropolitan police departments, at least the ones WHO ARE ON PATROL are closer to combat soldiers than the motor pool SGT or the mess hall private. Common sense.

          Trouble is the podunk police think and act like they are big city TV fantasy super heroes. US AGAINST THEM. Otherwise why the rash of brutality against everyday people? And please don’t tell me the police as a whole aren’t way way different now. They are different. Completely different.

  • Krismas Kris Holliday

    I told my daughter when she was younger, if she needed help to go to a woman. Any Woman! Never a policeman. Now that she is grown, I told her to put the local tv station numbers in her phone & if she is pulled over, call them, lock the doors & wait for the cameras to show up. The cops can make ANY excuse why you are dead, if you get out of the car. Show them your license thru the window, or crack your window & drop your ID. #DirtyBastids

    • Alleged Comment

      Even if that lady is anti-gun rights Dying Feinstein (doesn’t she look dead ugly?) What about women cops?

      • Krismas Kris Holliday

        She’s STILL a cop. No.

  • stopthesocialism

    You should also know that lawyers have their own agenda. If your case goes to a grand jury, and you had never said anything in your own defense, it will be an easy indictment. Then you will have to hire a lawyer.
    If you do talk to the cops, make sure and don’t admit any guilt. Give them only exculpatory information. Ask to give a written statement, and ask for a copy of it. If you give a verbal statement, it’s more likely that they will lie about what you said. Even if it’s recorded, they will edit the recording. They do this all the time. If you get a transcript. Check the transcript against the audio recording. They do edits when making the transcript. Dirty liars.

    • Alleged Comment

      As someone pointed out ALL LAWYERS ARE OFFICERS OF THE COURT! Meaning they work for them, not for you!

      The game is all rigged because of fear of losing POWER. All based on FEAR which is based on CORRUPTION.

      That’s why this planet is going to go down in flames. You can read it in a book called the Bible. Written thousands of years ago.

    • chrismalllory

      If your case goes to the grand jury, you will be indicted. Don’t talk to cops.

  • Bill

    these evil police officers taking bad orders from there demon possessed superiors will go down into a ball of flames when they begin the civil war. the police are no longer here to protect and serve as there motto used to be,as far as I am concerned they have been absorbed into the Obama personal military and have become zombies following bad orders not only from these scumbags but the nine black robed scum sucking maggots on the highest court. as for the lower courts they have all been compromised and they will be hung for treason when the time comes. If i was a judge right now, i would really consider getting out and retire.

  • Danny Straw

    ALL L.E.O. are pure scum dont ever talk to a P.O.S if anything the best thing for all of us is if they all killed themselfs. There are no good cops they will all cover there asses for one of there scumbag brothers

    • http://www.socionomics.net/press/book_reviews/Calderwood_TomorrowsHeadlines.html David C.

      A cop in my town stopped to help my son whose brake caliper had lost a bolt, then he went back to an intersection and (astonishingly) found the bolt and brought it to us where we were stranded. I have to say that this was a really, really thoughtful and helpful thing to do.

      That said, in a different context I would be fearful of him (or any cop) because of the insane power differential now in place. The people who have turned police work into an army of occupation are the real villains here. They changed the incentives, driving out good people and promoting toxic people, leaving all of us to wonder if the cop we see is one of the few normal people left or if it’s just another rabid dog in a blue costume.

    • mike

      Hey danny since ALL L.E.O. are pure scum and P.O.S. and you basically want them dead, why dont you do something about it. you seem to be a tough guy. go to your local PD and beat them to death. that shouldnt be too hard for you.

      • “tough guy”

        You know this a comment thread and this is all talk!!! Get your panties out of your @$$ !!! Becuse I assure you if we were face to face I would looove to show you that there are people in this world that are much more than “talk”… cops are pigs and we have proof of it…. its called denial, dude

  • http://bigdanblogger.blogspot.com/ Big Dan

    Police officers in Rialto, Calif., carry cameras to record their every action while on duty. The city says the program has reduced complaints against police officers by 88 percent during the first year.
    The idea is sparking debate across the country. On Wednesday, the American Civil Liberties Union endorsed the idea. In a short position paper endorsing the idea, it also emphasized the potential for the technology to be misused, and recommended policies to minimize the potential downsides.
    “Although we generally take a dim view of the proliferation of surveillance cameras in American life, police on-body cameras are different because of their potential to serve as a check against the abuse of power by police officers,” the civil liberties group argues.
    http://www.washingtonpost.com/blogs/the-switch/wp/2013/10/10/heres-why-cops-should-be-required-to-wear-a-lapel-camera-while-on-duty/

    • http://bigdanblogger.blogspot.com/ Big Dan

      We should probably make ALL POLITICIANS do this, too. But they have “closed door” meetings & votes all the time.

      • hp b

        When it really matters most, the dirty rats have an ‘unrecorded voice vote.’
        What’s more crooked and sleazy than that?
        The old I$raeli $pecial, i call it.

        • Old Wolf

          When they ‘suspend the rules’ and pass things with no vote at all, no reading of the bill, and no accountability.

  • jarhead1969

    A certain candidate for Law Enforcement was recently refused admittance to enter Law Enforcement on the grounds that his test results and IQ results were “too high”. The Supreme Court in this State (one of the New England States) ruled that the police organization that this person was testing for had the right to reject on the grounds of too high test scores. – this is a recent fact. It was mentioned that the average IQ of Law Enforcement candidates, now regularly accepted into police academies, was around 96 – that is most Law Enforcement have IQ’s of what is suppose to represent a tenth grade education or less, “by design”.

    • http://www.socionomics.net/press/book_reviews/Calderwood_TomorrowsHeadlines.html David C.

      There are two paths to power: 1) work hard, work smart and attain a position of respect in your community so that people listen to your views and seek your advice. 2) get hired as a cop, put on a uniform, strap on a gun and get in people’s faces the moment they don’t genuflect at your feet.

      The worst sort of people are attracted to a “career in law ‘enforcement.'”

    • zombiekiller117

      ” It was mentioned that the average IQ of Law Enforcement candidates, now regularly accepted into police academies, was around 96…”
      To put that into context, Koko the sign language gorilla was tested for IQ and scored a very credible 91…….

  • usmcmailman

    Gestapo at work ! Show us your papers !

  • Boni Biggun

    The EXECUTIVE, LEGISLATIVE & JUDICIAL BRANCHES are only for SHOW! ALL RULES, LAWS & REGULATIONS ARE NULL & VOID! THE ENTIRE SYSTEM IS OPERATING UNDER EPIC FRAUD, so act accordingly…by the way the USA turned into a CORPORATION in 1871, under the WASHINGTON DC ACT!!!

  • patriot156

    doing their job didn’t that lead to Nurhemburg?

  • Syrin

    I would disagree with the premise that most cops are good people. Those people have been purged much like our military. What we have now is a bullying paramilitary Nazi squad of commandos who kill first when given the choice, and NEVER face ANY consequence. The worst case scenario for the cop is he is put on paid leave for a week while they investigate as to why they kill a 13 year old kid with a toy gun.

    ASK YOURSELF THIS BASIC QUESTION: Who is more likely to kill you tomorrow, a cop or a jihadist?

    That should tell you who the REAL threat to your health and well being is.

  • Ginger

    This is very bad! I just went to jury duty late October ’13. With 6 other members, I was specifically chosen to sit on the jury by the defense attorney because of my positive stance that I had on exercising Miranda Rights. During the three hour trial, the prosecuting attorney during his closing statement, looked me straight in the eye and said (paraphrasing) ‘since he exercised his Miranda Rights, he had something to hide and his conscience was bothering him, indicating guilt.’ When the jury adjourned we clearly found the defendant NOT GUILTY of driving under the influence. There were other factors that we considered, there was a video-tape for one, which showed no signs of weaving or disobedience towards the officer.

    However, the fact that the defendant insisted on ‘remaining silent’ didn’t even come into play, since I made it clear that ESPECIALLY the innocent should apply this right to remain silent even more so than the guilty. ‘It’s like a video game. When you’re charged with a criminal offense, even if you have 101 lives, they all disappear instantly. With the Miranda Rights you’re given one extra life. Use it! It may be a weak life, but it might help you survive!’

  • Stoned_Conservative

    At one time in my 65 years, I had respect for police. Not any more. The things I have seen them do has forged an intense dislike in the pit of my stomach for the “profession”. Are there good cops? Of course. Why do they walk up to citizens, and demand ID? Why do they beat on folks long after they are helpless on the ground? Why do they curse at people for no reason? Dead cops do not bother me. You lost me about fifteen years ago. Everything you have heard about bad cops is true. I was married to a cop. I also served in the Army Reserve with cops. I overheard their conversations, and attended cop parties. Sickening is one way to describe what I heard. Stone cold sickening.

    • mike

      so did you wife beat you up with her stick? you go to parties with cops and you find them sickening now? how convinient. Im sure you were laughing and carrying on with them during those parties, but now you hate them and dont mind them dead. I think you like cops and you wanted to be one but was not qualified. is this why you married a cop in the first place?

  • Ric

    The police are your enemy. Dont ever forget it.

    period!

    • mike

      yes they are your enemy, so dont you ever call them for help when your neighbor blocks your driveway. most of the people leaving comments here are so tough but yet they are all talk.

  • Sarah Goodwich

    The United States is an illegal empire, and this is just evidence.
    But contrary to apparent belief, police are NOT “getting worse;” on the contrary this stuff has has always been going on, and they’re just now beginning to be FOUND OUT due to the internet and other social media. 50 years ago, Rodney King and Kelly Thomas would have just been reported as “stupid thug attacks police, gets worset of it” to the cheers of applauding seals.

  • Joe V

    I read myself my Miranda rights. I have a modified Miranda statement that I carry in my wallet. It let’s the cops know that I understand my right to remain silent and that I have an attorney on retainer and want to get him involved before questioning. If the interaction with the police is anything more than something like a burned out taillight, I remove the statement from my wallet and just start reading it. Cops are looking for people who are an easy mark. They want to trip you up and get you to make incriminating statements and they don’t want people that can afford an attorney and can fight back in court. This technique puts them on the defensive instead of me. Plus it’s worth it to just to see the look on their faces when I do it. Several times it’s just ended the conversation. The cops realize that this one’s going to be difficult and not worth the trouble. They get back in the police car and head off someplace else, probably a Dunkin Donuts.

    Here it is. Feel free to use it:

    Personal Self-Miranda Warning

    I have the right to remain silent. Anything I say can and will be used against me in a court of law. I have the right to a lawyer and to have him or her represent me during questioning. I can afford a lawyer and I currently have one available under a paid retainer. I can access my lawyer from this location by phone if I am permitted to do so. Otherwise questioning may have to wait until my lawyer either arrives here at this location or arrives at the police station. I affirm that I do understand these
    rights as I have stated them.

  • david

    Outrageous

  • AtlantaTerry

    If they ever read me my Miranda rights then ask me if I understand what they have just said, I plan to say “No”. Followed by “I want a lawyer.” Then shut the hell up.

  • Jon_Roland

    There is another reason not to talk to police, or at least answer any of their questions. It is 18 USC 1001, which makes it a federal crime to make a false statement to a government investigator, not just to a federal agent, but to any agent of any government, even state or local, or a foreign government. See http://constitutionalism.blogspot.com/2005/02/talk-to-federal-investigator-go-to.html

    You might memorize the following statement:

    “I note that you appear to be a government investigator. I hereby invoke my rights under the Fifth Amendment to the United States Constitution. Furthermore, while 18 USC 1001 remains in effect, and on advice of counsel, I will not speak to any government investigators without a lawyer and two independent witnesses, and a video recording of the encounter under my control and to which I or my attorneys shall have exclusive possession.”

    Also, never allow them into your residence or vehicle without a warrant, because if let in, they can claim they saw something that would support a warrant, and plant incriminating evidence.

  • deidrap

    This is an awful decision! Putting the onus on the accused person just creates issues for less informed, less educated individuals. As an attorney , I have spoken with people who were innocent but could have faced quite harsh consequences if they had spoken to police without counsel.

  • Sarrah Goldblume

 

 

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