Innocent people should not talk

Allow me to preface the information in this article with the statement that I am not Anti-Police. I believe that Police are a necessary evil in our modern society. They perform duties that few others wish to do and are the first called upon to put themselves in harm’s way domestically. I believe the Defund the Police movement is as much of an overreach, as the Police overreach, they are trying to address. I believe that educated citizens, who exercise the rights already there to protect against overreach, are the correct answer. We must also understand that job of the Police is not “To Protect and Serve.” That is propaganda perpetuated by television. The function of the Police is to investigate violations of the law, identify criminals and to assist in the prosecution of violators. As the Police are already representatives of the community government, they are also called upon to do some “community caretaking” functions, such as wellness checks on the elderly in our communities. However, their primary duties are investigation and assisting prosecution. Additionally, we must remember that Police Officers are only human. Humans have learned over time that the simplest and easiest answers are often correct. Therefore, much like weather forecasters, Police find themselves focused only on the simplest and easiest possible result, leaving them with similar degree of accuracy. Sorting out whether they are correct is again, not their job. That is the job of the court system. Now that we have established the job of the Police, next you should understand that you are not required to do their job for them. No one does your job for you and no one other than select coworkers even assists you. However, someone blocking you from doing your job would result in that individual being reprimanded or removed from the place of business. The same rules apply to Police investigations. No one is required to assist Police in their investigations but obstructing them can and will lead to consequences. Modern Police have sufficient tools to perform their duties already. Police have evolved into a paramilitary organization with rights that citizens do not have. Police have armored command centers, assault vehicles and gear that has been deemed illegal for possession by the general public. This stands out because during the first 100 years of our nation, neither the Police nor the military possessed any gear or weapons not available to the general public. This however is not the topic of this article and has been addressed by many Second Amendment authors. Finally, Police are also free to lie to you as part of an investigation, while you are not permitted to lie to the Police. With all these advantages given to Police in any encounter or interaction with them, it becomes apparent that citizens can find themselves in a precarious situation. I’m not simply referring to someone who is being investigated. Think about it! Who among us can say with absolute certainty that they have never violated a law? Speeding on the freeway? Every deduction on your taxes is legitimate? Hell, just saying “I don’t know” to avoid a Police question is a violation if they can convince a jury you did know, even if you really didn’t know! Having seen how twisted a tale can become each time it is retold, our Founding Fathers gave us the Fifth Amendment to the Constitution. The Fifth Amendment itself has been twisted and maligned. Described by its detractors as just a tool to protect the guilty. Nothing could be further from the truth. The Fifth Amendment is there to protect the innocent from saying something that law enforcement could use, to convince a jury they are guilty. You have the right to remain silent. You have the right to remain silent. Yes, I repeated it. It is important. It should be the foremost thought in your mind, any time you are speaking to Police. It is also one of the most difficult things to actually do. It is human nature to try and be helpful. The comedian Ron White states in a routine that involves a Police encounter, “I had the right to remain silent, but I didn’t have the ability.” It gets laughs because everyone can relate to that situation. Police encounters can be intimidating, and you may be explaining yourself in the hopes of leaving an encounter, but do not do it! When talking to Police or answering their questions, you are doing their job for them and providing evidence they can review to see if you have committed a crime. You may think that you are helping yourself, your friend or your family by explaining “what really happened,” but you cannot do it. If Police suspect someone of a crime, it is their job to investigate. They need to gather enough evidence to convince a jury that their suspect is guilty. If you say nothing, they will need to actually investigate and find evidence. If you make a statement or answer questions, you have now provided evidence for them to review. It is their job to use evidence provided to assist in prosecution, regardless of the context you meant. If you have evidence or information that you believe would help, tell an attorney. The attorney is your advocate in court, not the Police. Our right to remain silent comes from the Fifth Amendment to the Constitution, which states that, “No person … shall be compelled in a criminal case to be a witness against himself.” It is important to note the word “compelled” in the Fifth Amendment. If you voluntarily make statements or answer Police questions, you were not compelled to provide evidence. If, when making your statement to Police, you inadvertently admit to a crime, even one you didn’t know was a crime, you can and will be prosecuted. There is a YouTube video by law professor James Duane entitled “Don’t talk to Police” in which he states that research estimates there are 10,000 laws available to any Police Officer reviewing your statements. That is an awful lot of ways for things to go wrong. With that many laws and bureaucratic regulations out there, any halfway decent prosecutor can find some criminal violation in nearly any statement. You don’t have to believe me, you can ask Martha Stewart! One of my favorite memes out in cyberspace has Martha Stewart and Snoop Dogg making cookies on Stewart’s television show. The caption reads “Think what you want, but only one is a convicted felon.” Ask the average American what Martha Stewart was convicted of and you will hear “Insider Trading” or “Securities Fraud,” but they are wrong. There wasn’t the evidence to convict her of those acts, so instead they convicted her of lying to Police in the statement she voluntarily made. They were able to prove that part of her statement wasn’t truthful and that was all they needed. Anything you say, can and will be used against you. We’ve all seen enough television crime dramas to know that this is the line that follows your right to remain silent. It is also the final and most compelling reason not to talk to Police. Your statement can and will be used against you. Your statements to Police cannot be used to defend you. If your defense attorney attempts to bring up your statements to Police in an effort to defend you, the prosecuting attorney will object on the grounds of hearsay. So, your statements can and will be used against you, but cannot be used on your behalf. This alone should be all you ever need to know, to understand why talking to Police is a bad idea. So what should or can you do when Police are talking to you or asking you questions? First and foremost, remain calm. Also, if possible, record any Police encounter with your phone or other device. Second, obey orders given by Police. When Police are trying to secure an accident or crime scene, that is not the time to debate whether the order is lawful. You can contact their supervisor later. Finally, Police will either ask you questions or make leading statement. If they make a leading statement, just remain silent, you are not required to fill their awkward silence. If they ask a question, you need to articulate that you are invoking your rights by stating “I choose to remain silent.” At this point the Police Officer will proceed with whatever evidence they already have. The Police Officer may give you a citation or may even place you under arrest. I assure you, if one of these occurs, it would have happened even if you answered their questions. Your final tool in the encounter is to take control of an extended situation. If the Police Officer is not issuing a citation, placing you under arrest or attempting alternate questions, you should be asking, “am I free to go Officer or am I being detained?” Police Officers may also try to tell you that they can help if you answer questions or threaten that things will be worse if you don’t answer. These are lies. They either have evidence or they don’t. Your statements can only provide further evidence against you. Your right to remain silent may be criticized by some, but there are clear reasons why it is so prominently placed at the center of the Bill of Rights Amendments to the Constitution. Let Police do their job, it can be difficult enough for them, but that doesn’t mean you have to help them. In helping them, you may well provide unintended evidence, possibly to a crime they weren’t even investigating. Be confident in your citizenship and do not be intimidated by the investigatory tactics Police are trained to use. Remember that your statements to Police can only be used against you. Also remember to record all Police encounters when possible as your personal evidence can be used by your attorney. Keeping all this in mind is your best defense when the innocent find themselves accused.

Seven

RoadRunners MC Wisconsin