Use of CCW

[SouthCentral]

This post should be attributed to John Farnam's Quips.

Hello all. This was forwarded to me by my best friend who is also a PA resident and CCW holder. It's a bit long but IMHO well worth the read.

Sage advice from criminal defense attorneys with whom I work:

When I am asked by lawyers to provide them with expert consultation in shooting cases, I always make it a point to ask several, general questions about strategies for gun owners/carriers. This advice I, in turn, pass on to my students:

The most dangerous and damaging single thing one can do in the wake of a lethal confrontation, the one act that fatally damages most claims of legitimate self-defense? Answering questions asked by police investigators, at the scene, without first insisting on having your attorney present.

Even seemingly innocent-sounding statements like, "I didn't mean to....", "It was an accident.....", "This is terrible....", and "I can't believe I did that...." are, in fact, monstrously incriminating. Attorneys tell me that
the strongest part of the prosecutor's case is almost always directly founded upon indiscreet statements made, at the scene, by the accused, to police.

On the other hand, saying nothing to police carries risks also. When those on one side of the incident talk freely to the police, and those on the other side say nothing, talkers automatically go into the "victim" column on the investigator's notebook, while the silent go into the "perpetrator" column. Those assigned distinctions tend to be permanent and will color the investigation from that point forward.

The best compromise is to have your well-rehearsed tape loops ready to go. Tape loops need to be emphatic and unmistakable, but neither rude nor insulting: "Officers, I want to cooperate, but I want my attorney here first" , "I'll be happy to answer all your questions just as soon as my attorney is here."

At that point, police are obligated to stop questioning you. However, they may say something to you like, "You can go the 'lawyer-route' is you want, but it won't do you any good.", "You better start answering questions now, while you still have the chance.", "All we want to do is just clear this up.", "You'll feel much better after you talk with us." or, "We only have a few questions, strictly routine..."

What they are trying to do is persuade you to definitively rescind your demand that you have a lawyer to represent you during questioning. Once you say,"Okay, I'll talk with you," they will assume, correctly, that you've changed your mind and no longer want a lawyer. Don't do it! Continue to remind investigators that you still want a lawyer and continue to politely decline to answer questions.

So, when first confronting arriving police officers, (1) assume a non-threatening posture, with both palms turned outward and clearly visible. Make sure no guns or other weapons are visible. (2) Get into the "victim" column" right away with, "Officers, thank God you're here!" Then (3) identify yourself by saying, "I'm the one who called." VCAs don't call the police very often!

When asked what happened, say: "That man tried to murder us," pointing in the direction of the perpetrator. Then comes (4) "I'll be happy to answer all your questions just as soon as my attorney is here."

Beyond that, shut your mouth. Don't sign anything and don't "consent" to anything. If arrested, submit peacefully and without comment. When asked if you understand your rights, say "No." When asked what you don't understand say, "I don't understand any of it."

Tape loops need to be practiced every time we go to the range. None of the foregoing may seem important, until the unthinkable happens. Then, I promise you, the nightmare will begin, made all that much worse when you don't know your lines!

[LorDiego01]

Originally Posted by SouthCentral

When asked if you understand your rights, say "No." When asked what you don't understand say, "I don't understand any of it."

I believe the above statement is applicable to the great majority of the people.

Other than that, this was an outstanding post. This is great advice. +1 rep for you!

[CCinPA]

Originally Posted by SouthCentral

Beyond that, shut your mouth. Don't sign anything and don't "consent" to anything. If arrested, submit peacefully and without comment. When asked if you understand your rights, say "No." When asked what you don't understand say, "I don't understand any of it."

What would the advantage be of the above statement?

[soberbyker]

Originally Posted by LorDiego01

..... this was an outstanding post. This is great advice. +1 rep for you!

likewise from me, good info ... +1

[Emptymag]

Originally Posted by SouthCentral
When asked if you understand your rights, say "No." When asked what you don't understand say, "I don't understand any of it."

Originally Posted by CCinPA

What would the advantage be of the above statement?

It covers your ass later.

If later on, you should say, "But I didn't know _________." well, you've already SAID that you UNDERSTAND...

[Joe Smith]

It's just playing dumb,

Worked for me so far



Some very good ideas when dealing with any situation with police officers, thank you for posting.

[jtkratzer]

One thing that should be common sense is that you should have a lawyer's phone number, one where you can reach him/her 24/7 in your cell phone.

[NineseveN]

Some pretty darn good advice...great thread.

[SouthCentral]

Originally Posted by jtkratzer

One thing that should be common sense is that you should have a lawyer's phone number, one where you can reach him/her 24/7 in your cell phone.

I've run the "tape" scenario many times as my original post suggested. But I hadn't writen it, just posted it. This is great advice. Thank you !!

SouthCentral

[jtkratzer]

Originally Posted by SouthCentral

I've run the "tape" scenario many times as my original post suggested. But I hadn't writen it, just posted it. This is great advice. Thank you !!

SouthCentral

It's nice to not have to ask the police officer for that phone book so you can get your/a lawyer on the phone. I think it also shows you're serious about the demand of a lawyer.