Randy Cassingham's Blog

Posted by Paul Dwyler, New York, NY on June 10, 2009:

There's an irony here. On the one hand, we've been taught that the police are here to protect us. But if you're a suspect in a crime, they are potentially your worst enemy.

Posted by Dave, Streetsboro,Oh on June 12, 2009:

Up front, I've been a police officer for 25 years.

This all smacks of paranoia to me. The police are out to get you all!!! Statements he makes and you (Randy) made are examples of what you're accusing the police of. Examples: You state he has a "real cop" there and allowed him equal time to reply. Sounds like a rebuttal opportunity. No, he's finishing up his time as a cop and even stated he may become a defense attorney. He wasn't looking to rebut, just continue to pile on. The cop agreed he never let anyone off the hook because of an interview when the first speaker asked if he ever did, then when he speaks, stated he had. And his statement about overtime pay also smacks of insincerity (or no personal life). I often want to get out of the station and home as quick as possible. Contrary to many's apparent belief, we do have a personal life and strive to keep them separate. We aren't stacked up in a closet when we're off duty and pulled out when it's time for our next shift to start.

The first speaker claims than one cannot infer a shooting because of "a gangland type slaying", but last time I checked, not many people were being gangland slayed with the weapon of choice being a pair of pruning shears. I could go on, but I just finished my overnight shift, and choose not to listen again to this wide brush being run across Law Enforcement.

It is unfortunate some people end up in jail for crimes they did not commit, sometimes (rarely) because of statements they gave. I note the two best cases he had to offer both involved mentally challenged individuals. It's also unfortunate people go to jail for crimes they did not commit without making any statements. It happens both ways and it grieves me as much or more than it does you because I am part of the system (still). I'm very careful and will err on the side of caution whenever I'm dealing with people's liberty.

May the majority of people NOT take his advise because 1) It does help us attain GOOD confessions, often in cases we may have not solved otherwise, and a criminal getting caught for his crime is one of the major reasons we're out there. 2) While it will make the local attorneys wildly happy, are you going to pay for an attorney every time a cop wants to ask you a question? 3) People can be found to not be involved more quickly if they co-operate. 3) I would find my job to be much less enjoyable if everyone I attempted to speak to chose not to be sociable (Where do you you draw the line?) and 4) The extra time it would take to speak to all involved parties would allow the criminal added time to continue commiting his crime of choice and just where is the manpower and money coming from to deal with all the unco-operative people? I'd hate to live in a community where no one wanted to help the police. They exist and the only time a person wants to help is when they're the victim, then they become bitter when the crime can't be solved because no one else comes forward, "nobody saw nuthin'" even though a crowd was present.

I'm done ranting, I guess this is where I'm supposed to tell you to cancel my subscription, but I do enjoy your column too much. This is the first time I've ever adamantly disagreed with your opinion, and I've been a subscriber for a long time. I apologize for my horrific spelling, but it is past my bedtime (10:00am :-p)

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Yes, there's definitely some paranoia here. But just because people are paranoid (to adopt a phrase) doesn't mean you're not out to get them. There are far too many people imprisoned each year who are completely innocent, and that's a national tragedy. And you know cops and prosecutors are to blame for the vast majority of these cases. Not all the cops out there are as good as you sound, so do you have to suffer a bit because of them? Yep. So continue to work to clean up your profession's image (significant strides have been made, but not enough!), and the paranoia will eventually go away if you're successful.

And speaking of paranoia, Dave? Remember how I started this: "Especially if you're innocent." To the guilty I said "Don't do the crime if you can't do the time." In other words, you have to see the advice in the light of what I'm talking about. -rc

Posted by Ian, NY on June 12, 2009:

The professor is right. And the Dave who does not like the comment on overtime is the only one in his profession. In the towns and villages in Westchester County NY the highest paid public employees are police officers based upon overtime. A minor digression. For many years juries in felony cases had to be sequested (i.e. put into a hotel overnight). Can you guess who lobbied very hard to keep this? Court officiers who earned a great deal of overtime.

Miranda warnings only kick in when you are "under arrest" and they rarely kick in in traffic stops. Think about all the information gathered in a DWI stop. No miranda warnings at the stop (usually not until the handcuffs are on) yet all the information is generally admissible on the State's case.

At least in Westchester, the object of a police and district attorney investigation is to prove someone committed the crime. It does not have to be the actual guilty party. As long as the crime is cleared and a conviction gotten (hey if he or she did not do this crime, they probably did something else so it evens out) that is a good days work.

Yeah and cops lie (ever hear the term "test a lie") But telling a "perp" that he can leave once he completes a statement or (as I have seen) telling someone who was arrested with a co-perp like a girl friend or close relative, if you tell us what happend we will let the other person go. There is no rule against that. (And they then charge the other person as well.)

Dave does not have to worry however. Many many people with stuff (usually weapons or controlled substances) in their car will consent to a search of the car. In response to the lawyer's question "Did you consent?" The answer is "Do I look so stupid that I would agree to a search knowing a kilo of coke was in the trunk?" Guess what the answer is to that question.

People will talk to the police for many reasons. Some of which were set out in the second video and some cops are good at what they do. (Now, says the officer, if you have drugs in the car and you tell me, you can go home tonight, but if I find them after a search it will not go well for you.) Dave does not have to worry.

Posted by Harold, Utah on June 12, 2009:

Unfortunately, there can be severely negative consequences for following Prof. Duane's advice. I recently had an unpleasant encounter with the police: a crime had been witnessed in my neighborhood, and I (vaguely) matched the description of the perpetrator. I had been home alone all evening, and hence had no alibi and no one to vouch for me.

While I was aware that there were good reasons to decline to answer the officers' questions, my alternative was to be taken in for questioning. Since it was nearly midnight, I would likely have spent the night in jail had I insisted on speaking with a lawyer. I chose, under the circumstances, to be as polite and cooperative as possible.

Sometimes, none of our choices are entirely good. In such situations, we have to trust our best judgment and just hope things work out.

(P.S. When they got a more detailed description, I was exonerated - but of course nobody told that to my neighbors.)

Posted by Shanna, Tomball, TX on June 12, 2009:

I grew up in a "law enforcement home". My father was a probation officer for over 30 years and also went to law school and his best friend is a police officer and investigator for the DA's office. I have several friends now who are officers for different agencies.

I have had contact on multiple occasions with police officers and I have always come out the better for being honest and cooperative. This includes things of relatively minor issues to those of a more serious nature. 99.9% of officers are not trying to "get anyone just to get someone" but are really trying to get the right person.

I believe many people get themselves into trouble because they are trying to guess ahead of where they think officers are trying to go with questions instead of just answering honestly and they confuse themselves.

Posted by Dan, CA on June 13, 2009:

After having several federal agents in my house, without a search warrant, even after the gent they were "out to get" had been taken away (and on false charges, but that's another story as he was home later that afternoon), I still say that I know several great Peace Officers and a few bad cops. Dave "sounds" like a great one, but I've also known many that were the nicest people on earth until several years on the job really got to them. When any cop, deputy or other officer deals with 95% BAD, they tend to believe that ALL people are that way. It's not good by any means, but I understand....

Posted by Michael, Puerto Rico on June 13, 2009:

I watched the videos and they are very enlightening. I may add that some cops think they are doing the right thing when obtaining "confessions" out of people and that is where the trouble begins. Innocence is something that can be lost by being negligent and people with bad intentions know that.

Posted by Kathie, Maryland on June 13, 2009:

I too know both "good" and "not so good" Peace Officers. They are people after all...and do represent a pool of our population!

I think more than anything the issues are today that the laws have changed to give authorities almost absolute control over citizens should it be deemed "necessary". That scares me to the core--absolute authority corrupts absolutely, and all that.

I do not envy those in law enforcement: they have one of the toughest jobs out there and I applaud those of them that are in there and do _not_ lose their humanity and compassion along the way. Its one of those fields where it is easy to do so, seeing as they so often do, the basest side of humanity so often. I do not wish to make their job harder, but I will exercise my rights and protect my self--and if it pisses them off I apologize in advance, but I am not going to put myself at risk under any circumstances. I don't understand why it is that if I exercise my rights as a US citizen to have legal representation and to stand on the Fifth Amendment, there is a perception of guilt. Generally when being interviewed by the police something has happened that is traumatic and upsetting. Being forced to talk in those circumstances means one is bound to make errors and in accuracies that later can cost dearly. The appearance of guilt does not mean one is guilty, no does being nervous dealing with investigating officers mean one has committed a crime.

The laws and court systems are a convoluted, twisted mass of confusion, which attorneys and other officers of the court spend years learning and interpreting, applying to individual situations as they arise. Expecting a lay-person to be prepared in a situation like that is setting them up for trouble.

For my part, no matter what, I take the fifth and my phone call. And my husband and children will do the same.

Posted by Alan, Libby MT on June 13, 2009:

How many times have people been asked, "Do you have any weapons in the vehicle?" Well of course you do. You have a tire-iron or other such things. OK, that's not what he means but in many states having a gun is just as legal as a tire-iron. He has no business asking such questions unless someone saw ME running from a crime scene just minutes before. Of course if that were the case he would already have his gun pointed at me. Being that cops can and do lie to you, my first response to an improper question is: "Officer. Do you plan to violate my constitutional rights?" He of course will lie. I always do my best to never give the cops any reason to stop me when I'm driving. I don't speed, I keep all the lights working (and keep spares, just in case), and always give others the right of way. I always use my turn signals when changing lanes or making a turn. So if a cop stops me, it had better be for a damn good reason. I moved out of big cities for good because of of rampant crime and corrupt cops. Who needs to live like that. I carry a copy of our Constitution and Bill of Rights just in case some cop can't remember just who he works for. Oh, and I am of course very kind to them because they may have had a bad day and I don't want them to take it out on me. Also I try to avoid even saying the word lawyer, as they might think that is a threat. Have a nice day officer.

Posted by Ed, L.A. (Lower Alabama) on June 13, 2009:

As a police officer for almost 20 years I can only concur with the advice of the experts here. It's quite similar to a prisoner of war: Name, rank and serial number.

While under some circumstances you are not even required to identify yourself to a police officer and may simply walk away, it may not be the wisest course. Here is my advice:

Be polite but firm. Offer only your name and residence. Unless you are being charged with an offense (or are driving) you are not required to provide your birth date, address or I.D. You cannot be detained or removed to the police station without cause.

Never give permission to search your person, vehicle or possessions. The officer may 'frisk' you. Do not resist. Do not give permission to go into your pockets or purse or bag. (Let the officer keep the bag for safety but not look into it.)

Tell the officer you wish to cooperate but that you cannot speak without an attorney present. Ask to leave. If you are detained ask why. Be polite but be persistent.

Tell the officer you intend to walk or drive away. Do not physically resist if stopped. Make it clear you are not remaining willingly. If you are in the right you may be inconvenienced but you won't be incarcerated.