Author Topic: What to say or not to say at the scene  (Read 4537 times)

Dirks44

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What to say or not to say at the scene
« on: May 02, 2014, 10:15:29 AM »
If you are ever in a situation in which deadly force has been used, is there anything at all other than your name that you should tell the LEO when he/she arrives?  In the Texas Law Shield "booklet", it seems to advise taking the 5th all the time.  If the LEO on the scene asks, "What happened here?",   should you offer any explanation, such as "He had a gun and tried to kill me",  or should you say nothing except "I invoke the 5th amendment, and I want to call my lawyer"?  I'm pretty sure that will get you arrested on the spot every time, so is this to be expected 100% of the time?  Or suppose you are "restraining" a burglar by holding him/her at gunpoint until the police arrive, and they arrive finding you pointing a gun at a supposed burglar.  If the LEO asks what happened, do you explain the burglar broke into your home, or should you say "I take the 5th"?    The bottom-line question is:  do you ever want to provide an explanation/reason on the spot to an LEO, or never say anything at all?  My assumption at this point is that the police have arrived too fast for you to have already called the hotline number, even if you could have.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

TexasLawShield

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Re: What to say or not to say at the scene
« Reply #1 on: May 02, 2014, 02:00:43 PM »
That's a great question Dirks44.

What you should say is what you would say in a 911 call. Just:

1. Identify yourself as the victim
2. State what crime has been committed against you, e.g. - "I was robbed, I was carjacked" - whatever caused you to pull your gun
3. Identify the perpetrator
4. Tell them that you will provide more details later on.

Then call the hotline as soon as possible. Unless the police take you down immediately under the assumption that you are the perpetrator, they should let you talk. If the police do not allow you to have privacy to talk to your lawyer, that is a good indication that they believe you may be at fault.  Therefore, in that case your best bet is to say nothing else.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

TFB

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Re: What to say or not to say at the scene
« Reply #2 on: September 16, 2014, 05:19:03 PM »
TexasLawShield-

A follow-on question to the one above-

I have heard that some phones (i-phones) do not allow the caller to 'hang-up' on 911. Have yall heard anything about this?

thanks
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

yabu

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Re: What to say or not to say at the scene
« Reply #3 on: September 16, 2014, 06:13:07 PM »
I have worried about this very question.  Seems to me that if you take the 5th and refuse to talk to the police without your lawyer present, it's going to piss them off and practically guarantee a ride downtown.  I understand the pitfalls of saying too much and getting yourself in trouble; but when the police ask you what happened it seems like a perfectly reasonable question to me.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

TexasLawShield

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Re: What to say or not to say at the scene
« Reply #4 on: September 22, 2014, 09:49:23 AM »
TFB,

I have not heard that you cannot hang up on 911 with your iphone. I believe it is possible.

While it may seem like you can talk your way out of being arrested, keep in mind that being arrested is not a conviction. The police are not a judge or jury. If a person had to choose between going for a ride downtown without giving the police potential ammunition to use against you in court, and being convicted of a crime because you gave a misstatement to the police in an attempt to avoid an overnight inconvenience, I think most people would choose the former. Keep in mind that we are not saying never say anything, but that is a bad idea to do so without talking to your lawyer first.

Thank you for your question.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

FLCC

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Re: What to say or not to say at the scene
« Reply #5 on: September 28, 2014, 01:08:31 PM »
You can not hang up on a 911 call if made from a cell phone in my area. Your phone will stay connected until the 911 operator disconnects when the emergency responders arrive. The end call button will do nothing. Could be a bad thing if you are trying to reach an attorney before police arrive, and called 911 first.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

sominus

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Re: What to say or not to say at the scene
« Reply #6 on: September 29, 2014, 03:47:57 PM »
You can always power down the phone, which will end the call.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

switch

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Re: What to say or not to say at the scene
« Reply #7 on: October 01, 2014, 06:27:18 AM »
Search youtube.  Watch the video 'don't talk to the police'.  You will get a better understanding about the 5th.
Most police should understand your 5th, not be mad.  Blame the attorney - "I'd be glad to make a statement but my attorney would be mad if I talked to you without him being present.'
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »