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Randy Cassingham's BlogHistorical Details and Author's Notes from This is True®
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Don't Talk to the Cops
Some readers will be a bit puzzled why I would spread this message in my blog: "Do not, under any circumstances, be interviewed by the police without advice from a lawyer." You have a right to remain silent, and I urge you to exercise that right. Especially if you are innocent.
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Yes, this pertains to U.S. citizens, and not everyone in other countries have this right. How sad for them! (More on the right in other countries.) But "Taking the Fifth [Amendment]" isn't something to be ashamed of: it's a cherished important part of our Bill of Rights.
It's something you should share with your children (grown or not). I have a particular interest in this subject because of "zero tolerance" policies in schools. Too often, children defer to authority -- as they've been taught by ...uh... the authorities -- and when the principal says "Write out what happened and sign it," that resulting confession is often given to the police. Cops certainly can't demand that a suspect write a confession without first advising the suspect of their rights ("You have the right to remain silent..."), but school officials -- typically government agents in their own right -- don't seem to have a problem obtaining confessions for use against their own students, even without bringing in their parents first (let alone a lawyer). Kids (and adults!) often don't understand that they are sealing their own fate when they comply with such outrageous demands.
But I can't explain the why of the title better than James Duane, a professor at the Regent University School of Law in Virginia Beach, Va. He received his own law degree from Harvard in 1984 (cum laude), and is a former defense attorney. I urge you to watch his talk below.
Readers know I used to be a cop. I was in fact a sheriff's deputy in California, though I was attached to the sheriff's Search & Rescue team, rather than doing "real" law enforcement. So what does a real cop think of this? Prof. Duane had a criminal investigator there when he gave this talk, and allowed him to have equal time to reply. I've attached that video, too, but here's the summary: "He's right. Don't talk us. It's not in your best interest."
Prof. Duane gave this talk on March 14, 2008, to the Regent University chapter of the Federalist Society. It's almost a half-hour long, but it's time well spent: it could save you years of incarceration should you be in the unfortunate position of being accused of a crime you did not commit. Again, watch it and have your kids watch it. Send them the URL to this page. On Twitter? Tweet this. You certainly can't expect schools to teach this vitally important lesson.
And here is the police officer's response, which is also interesting and informative:
Don't do the crime if you can't do the time. I hope this will keep you from doing time if you're ever falsely accused of doing a crime.
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Most Recent Comments
Posted by Panda, Missouri on July 3, 2009:
I heartily disagree with Karen who says that not talking with child services workers will land you in the middle of a nightmare.
Karen, if you talk with them, they can and will do everything that the police would do during an investigation. They are a government worker, and as such you do not have to talk with them. Smile sweetly and simply say "I'm sorry, but my attorney won't let me talk with you without him/her being present." Refer them to your attorney pronto.
If you have any questions about the dirty tactics that CPS workers use, please view the site: http://www.nfpcar.org/References/DirtyTricks.htm - and you should also read the page I wrote about "The Importance of Miranda" at http://www.nfpcar.org/eBook/MirandaA.htm
This is an excerpt from the page referred to above:
I know many social workers and others believe there is an exemption of the warrant requirement in child abuse investigations. But the Ninth Circuit Court has ruled in Calabretta v. Floyd that as a general rule, unreasonable searches and seizures are banned and it presumes that all warrantless searches are unreasonable. The only exemptions for not getting a warrant (aside from voluntarily agreeing to a search) during the course of an investigation for child abuse are twofold:
1. That the social worker has in his or her possession evidence that would establish probable cause, and
2. There are exigent circumstances (meaning there is an emergency) threatening the health or welfare of the child.
Remember, the Constitution has the Bill of Rights in it for a reason. Use it or lose it, it's your choice. The more people lay down and accept government intrusions into every corner of their lives, the more we become like doormats and are about as useful.
"If ye love wealth greater than liberty, the tranquility of servitude greater than the animating contest for freedom, go home from us in peace. We seek not your counsel, nor your arms. Crouch down and lick the hand that feeds you; May your chains set lightly upon you, and may posterity forget that ye were our countrymen." ~ Samuel Adams
Posted by Vikor, Boron, CA on July 28, 2009:
Last Oct 2008 I was pulled over and cited for going "too slow", by the Edwards AFB Security Policeman. I tried to explain what the law said but she would not hear of it. At the trial the Judge called the Law Enforcement Airman and Federal Prosecuter incompetent. Earlier this month I was stopped by a Edwards AFB Security Policeman for going too slow in a construction zone. I once again explained that many of the traffic control signs were missing and I was abiding by the last speed limit sign I has passed. He wanted to just argue so I said let me go or give me a ticket. He let me go and when I complained about his behavior he lied as to why he stopped me and what the conversation was about. I now have my car wired to record all of my law enforcement traffic stops for my own protection. Why are there just enough Barney Fifes in this world to screw up the public's view of "Police competency"?
Posted by Karl, Los Altos, CA on September 22, 2009:
Vikor mentions having wired the car to record any traffic stops. I think that this is an excellent idea in theory, but I've heard of people being arrested on the spot as soon as the cops discovered that a tape recorder was running. Is it legal to record the conversation secretly? Legal only if you announce it to the officer first? Or just plain illegal? If you do inform the officer that the conversation is being recorded, and he requests (or demands) that you not do so, are you required to comply?
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Laws vary by state, but I think that one should be able to record anything in or near your car. Certainly the police do that! -rc