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Thread: "I'd like to speak with my attorney......"

  1. #21
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    Quote Originally Posted by jsbhike View Post
    You can't just remain silent according to the cabal


    https://en.m.wikipedia.org/wiki/Salinas_v._Texas
    Okay, I read it. You can remain silent and not answer questions, but it looks like your silence can be mentioned at trial to paint you in a less-than-favorable light. Seems kind of chickenshit to me. It also said you're supposed to assert your 5th Amendment rights openly if you don't want to answer questions. I would think simply saying "I'm not answering any of your questions" should be sufficient.
    Last edited by ABNAK; 03-29-24 at 19:03.
    11C2P '83-'87
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  2. #22
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    I'm grabbing my chest and doing a "Fred Sanford". "I'm coming Elizabeth !"
    Seriously though, I'm much more likely to be a witness than a victim or criminal at this point in my life. I just avoid the drama and if takes sitting down on the curb and grabbing my chest to be left alone, I'm all about that.
    Under no circumstances however, innocent, guilty or witness will I speak to a Cop without an Attorney.

  3. #23
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    You don't have to say anything.

    That being said, Id at least give a short statement to give your side of the story. I would not count on witnesses to give police statements that don't include things they THINK happened based on their own biases or imagination. Hell, much of the time they get facts fully wrong.

    Having investigated self defense shootings and having shot someone myself, there is no ****ing way Im leaving the scene without giving my side or being able to point out potential evidence that corroborates my story. At the end of the day I want to be listed in the original report as "victim" not "suspect". That makes the future of the case far far better for you.
    C co 1/30th Infantry Regiment
    3rd Brigade 3rd Infantry Division
    2002-2006
    OIF 1 and 3

    IraqGunz:
    No dude is going to get shot in the chest at 300 yards and look down and say "What is that, a 3 MOA group?"

  4. #24
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    Quote Originally Posted by flenna View Post
    There is a local firearms and tactics trainer who is a 25+ year LEO who says the same exact thing in his classes.
    I have been on three sides of this: LE, medic, ED RN. If you're faking, it rarely ends well and honestly it does not save that much time.

  5. #25
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    Quote Originally Posted by C-grunt View Post
    You don't have to say anything.

    That being said, Id at least give a short statement to give your side of the story. I would not count on witnesses to give police statements that don't include things they THINK happened based on their own biases or imagination. Hell, much of the time they get facts fully wrong.

    Having investigated self defense shootings and having shot someone myself, there is no ****ing way Im leaving the scene without giving my side or being able to point out potential evidence that corroborates my story. At the end of the day I want to be listed in the original report as "victim" not "suspect". That makes the future of the case far far better for you.
    That's the old "Get your side of the story in first because anything after that is seen as an excuse" (or something to that effect). It worked as a kid when my brother and I would fight!
    11C2P '83-'87
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    F**k China!

  6. #26
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    It's not really that. Every self defense shooting Ive been apart of the investigation was pretty evident. I've never seen a self defense shooter get booked into jail, but all I've been apart of have given statements. I've driven several home after they were questioned.

    I asked one of my homicide detective friends if they've ever booked a self defense shooter. She said it's happened a few times and every time it was someone who didn't give a statement. So all they had to go one was what witnesses (who might be trying to cover for their boy that was just blasted) and evidence at the scene taken at face value. In all cases the charges were dropped, but all shooters spent days or even a couple weeks in jail. Like was said at the beginning of this thread, the vast majority of people dont have a lawyer. And even the ones that do, most don't have the relationship with the lawyer where that lawyer will leave their expensive anniversary dinner on a Friday night to come see you at the police station/jail.

    Do what yall want. But having experience on both sides of the investigation, I'm talking.
    Last edited by C-grunt; 03-30-24 at 22:20.
    C co 1/30th Infantry Regiment
    3rd Brigade 3rd Infantry Division
    2002-2006
    OIF 1 and 3

    IraqGunz:
    No dude is going to get shot in the chest at 300 yards and look down and say "What is that, a 3 MOA group?"

  7. #27
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    Departmental policy required our officers to be transported by ambulance to the nearest hospital in the event of a shooting wether they were injured or not. Policy also prohibited any questioning until the involved officers had a minimum of 2 sleep cycles

    When non le are involved in shootings they are only transported to the hospital if they demand it. Non le are questioned as quickly as possible.

    If I am unfortunate enough to get involved in a shooting I will make it very clear that I want to sign complaints and I will insist on receiving the same treatment as an on duty cop. The only attorney I have on retainer is through my concealed carry insurance.

    Also...be careful with the content stored on your cloud, phone. Not uncommon for investigators to execute a search warrant for electronics, especially if the offender was known to you

  8. #28
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    I can see in a self-defense shooting giving a brief synopsis statement but sometimes they try the "Okay, help me understand this, let's go over everything again" crap. No, we're done, you have my statement, it's no doubt recorded, you're just trying to trip me up with some minor inconsistency.

    Since Feds are rarely involved with self-defense situations, if you were being questioned by one of them it's probably for something else. I wouldn't say shit to the Feds as they have that "lying to a Federal agent" bullshit they can nail you on (like they're God or your mom, how dare you!). It's one of those charges they'll throw on you even if they have nothing else. Ask Michael Flynn.....

    Fed or local, that "Let's go over this again" garbage should be a no-go.
    11C2P '83-'87
    Airborne Infantry
    F**k China!

  9. #29
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    And if you see a Fed on your door: "Warrant? No? Probable cause? No? Get off my property, I'm calling the police." ESPECIALLY if thy refuse to show creds - creds should be your FIRST demand.
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  10. #30
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    Quote Originally Posted by signal4l View Post
    Departmental policy required our officers to be transported by ambulance to the nearest hospital in the event of a shooting wether they were injured or not. Policy also prohibited any questioning until the involved officers had a minimum of 2 sleep cycles
    That's weird. I was doing a scene walk through with homicide detectives and a DA probably 3 hours after my shooting. After that I went through it again with Internal Affairs. Id much rather do that than trying to explain everything using photos of the scene a few days later.
    C co 1/30th Infantry Regiment
    3rd Brigade 3rd Infantry Division
    2002-2006
    OIF 1 and 3

    IraqGunz:
    No dude is going to get shot in the chest at 300 yards and look down and say "What is that, a 3 MOA group?"

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