When should you talk to police, or not?

[Marplot]

A 77-year-old homeowner confronted 3 person home invaders. Shot and killed one of the perps. He then held one of the three at gunpoint 'til the police arrived. He refused to make a statement to the police.

The police only had, "Person A (Homeowner) shot an killed another person B." The police, understandably, arrested the killer, Person A, homeowner. Without bail. Until the story unraveled that the dead person was part of a home invader.

https://www.gunsamerica.com/digest/77-year-old-homeowner-arrested-after-shooting-burglary-suspect/

What are we supposed to do in a situation like this? We would, probably, full of Adrenalin and might say stupid statements.

https://www.gunsamerica.com/digest/77-year-old-homeowner-arrested-after-shooting-burglary-suspect/

 

[rangerod]

Any good lawyer will tell you never ever talk to the police. Always invoke your constitutional right to remain silent. By talking you have nothing to gain and everything to loose. Police love to get you talking hoping you will somehow incriminate yourself. If you do talk to them make sure you have that good lawyer with you. Although the woman was arrested she absolutely did the right thing by refusing to speak to the police.

 

[michiganmuzzy]

Most lawyers offer the same advice, say NOTHING. Its right in the miranda…”ANYTHING YOU SAY can and will be used against you in a court of law”… “do you understand” yessir i do, and i aint sayin S***.

 

[rangerod]

Most lawyers offer the same advice, say NOTHING. Its right in the miranda…”ANYTHING YOU SAY can and will be used against you in a court of law”… “do you understand” yessir i do, and i aint sayin S***.

Exactly the right thing to do. A lot of people don't know that the police cannot make you take a field sobriety test. They don't give the test to determine if you're intoxicated. They do it for evidence in a court of law. Imagine a grossly overweight person being asked to walk heel to toe. In a situation like this the officer is acting as a judge. Sorry about the rant. I realize this is off topic but couldn't help myself.

 

[Ninering62]

A 77-year-old woman confronted 3 person home invaders. She shot and killed one of the perps. She then held one of the three at gunpoint 'til the police arrived. She refused to make a statement to the police.

The police only had, "Person A (Homeowner) shot an killed another person B." The police, understandably, arrested the killer, Person A, homeowner. Without bail. Until the story unraveled that the dead person was part of a home invader.

https://www.gunsamerica.com/digest/77-year-old-homeowner-arrested-after-shooting-burglary-suspect/

What are we supposed to do in a situation like this? We would, probably, full of Adrenalin and might say stupid statements.

https://www.gunsamerica.com/digest/77-year-old-homeowner-arrested-after-shooting-burglary-suspect/

Shoot all three intruders, make zero phone calls, get on your tractor & dig a hole, fill hole, never speak of it.
That’s my advice on how to deal with all that.

 

[birdog]

She did the right thing. Sounds like poor police work even without a statement from the old lady.

May be more to the story.

 

[earlwb]

Most lawyers offer the same advice, say NOTHING. Its right in the miranda…”ANYTHING YOU SAY can and will be used against you in a court of law”… “do you understand” yessir i do, and i aint sayin S***.

I can agree. The police are no longer those you can trust anymore especially in a far left community or state. In a red state maybe talk the minimum, name, address etc to confirm identity. Call someone in your family to let them know. Calling your lawyer right away might be good if you have insurance for it but without insurance they will want $25k or more upfront though.

 

[Decay]

Situations like the woman got in are bad. And it can happen to anyone, anywhere. She did it right. Make sure there are no more threats, call 911, speak very little, then call your attorney, and be quiet till the atty arrives.
I joined the United States Concealed Carry Association (USCCA) for situations like this. I get about $250,000 worth of insurance, to pay lawyers, for about $250 yer year. I believe the NRA has a similar insurance program, but I'm not up to date on it. USCCA gives me A LOT of training on how to handle a situation like this.
International Defensive Pistol Association (IDPA) taught me how to shoot in these situations, USCCA taught me when to shoot, and what to say and do, or not to say, in the aftermath.

 

[Black Locust]

The police are our friend. Tell them everything. Especially if you did something illegal. They will understand. And not hold it against you.

 

[MrTom]

The media can't even report this without screwing up. To start the shooter is listed as a woman. A couple paragraphs in and the shooter is listed as a "he". If the media can't properly report they should stay out of it. It's easy to see how an ignorant media source can mess up an investigation as much as a talkative shooter might.

 

[Itsahak]

As an officer since 1993, the only thing you should say is

"I will be happy to answer all of your questions, just as soon as my attorney is present." Then shut the **** up.

 

[Jitterbug]

Sounded preachy, so I deleted my comment.

 

[loaded444bear]

Any good lawyer will tell you never ever talk to the police. Always invoke your constitutional right to remain silent. By talking you have nothing to gain and everything to loose.

1000% correct.
Here's a video of a presentation given to law school students by a renowned criminal defense attorney AND a police detective, whose advice is supprisingly the same ... NEVER talk to the police. (video is well worth watching)...

 

[Black Locust]

Sounded preachy, so I deleted my comment.

90% of internet comments are preachy. You'd have been in good company.

 

[Ninering62]

90% of internet comments are preachy. You'd have been in good company.

Proud 10%er here.
I don’t do “ preachy “ period.

 

[jbs27572]

The invaders were in her house, right? Couldn't she have just stated that? "Three men broke into my house; I am a women alone and felt I was in imminent danger and defended myself".

 

[Ninering62]

The invaders were in her house, right? Couldn't she have just stated that? "Three men broke into my house; I am a women alone and felt I was in imminent danger and defended myself".

It’s in your best interest when dealing with the cops to keep your mouth 100% shut, until you have a lawyer present. That whole “ anything/EVERYTHING you say, CAN & WILL - be held against you “ is no joke.

 

[Wilyote1]

I had to deal with law enforcement on more than a few occasions due to my job. I used to document everything up until the point police arrived at an accident scene. Ended up in court a few times. I got asked why I documented everything and my response was "our memory is only as good as our notes". I rather not deal with the police or lawyers anymore.

A few years ago we took a deer that had a major infection in its shoulder. We wanted to replace the tag so we had to call our local encon officer. He grilled me for over an hour. He wanted to write a ticket for something but I never gave him the chance. He had to take the deer and a trash bag full of entrails when he left because it's illegal for me to dump them. The temps were in the 60s that day and the deer was ripe.

 

[Squint]

1000% correct.
Here's a video of a presentation given to law school students by a renowned criminal defense attorney AND a police detective, whose advice is supprisingly the same ... NEVER talk to the police. (video is well worth watching)...

A very good thing to watch.

 

[BuffaloSoldier]

A 77-year-old woman confronted 3 person home invaders. She shot and killed one of the perps. She then held one of the three at gunpoint 'til the police arrived. She refused to make a statement to the police.

The police only had, "Person A (Homeowner) shot an killed another person B." The police, understandably, arrested the killer, Person A, homeowner. Without bail. Until the story unraveled that the dead person was part of a home invader.

https://www.gunsamerica.com/digest/77-year-old-homeowner-arrested-after-shooting-burglary-suspect/

What are we supposed to do in a situation like this? We would, probably, full of Adrenalin and might say stupid statements.

https://www.gunsamerica.com/digest/77-year-old-homeowner-arrested-after-shooting-burglary-suspect/

I have been a LEO, any competent investigation could/would have sorted this out ASAP. Perhaps it was policy/procedure that an arrest had to be made at a homicide scene (if possible).