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Never Talk To The Police

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This is a funny and engaging video of a law professor telling us why we should never talk to the police:

Notes on surprising things:

  1. Things you tell the police can not be used for you! That is hearsay! "That ought to be reason enough to keep your mouth shut!"
  2. You could admit your guilt with no benefit in return! "Senator Larry Craig can explain all of this to you!"
    • In 25% of DNA exonerations, may people made a confession or other statement to the police that led to them being found guilty of a crime that they did not commit!
    • Examples: Earl Washington, convicted of a rape and murder that he did not commit. He was mentally retarded, and confessed to several crimes at the request of the police.
  3. Even if client is innocent, and denies guilt, and mostly tells the truth, he is likely to say something that is a partial truth, and the police will hang him for it!
    • People get carried away, and say one small thing that the police can prove as not true, it can get you convicted.
  4. Even if your client is innocent, and doesn't tell any untruth (very slim chance of this), he will always give the police some information to help convict him.
    • "I never liked the guy". We proved he was in Virginia Beach, motive + opportunity. Juries eat it up, people get convicted.
    • Ohio v. Reiner 532 U.S. 17, 20 (2001)
    • Ullman v. United States, 350 U.S. 422, 426 (1956)
  5. Your speech to the police can incriminate you if the police don't remember the conversation accurately!
    • Pop quiz:
      • Asking how many people were shot in the apartment. Lots of people thought three. But shooting was never mentioned.
        • This is how the human mind works! That's the problem!
    • Example of incriminating someone claiming they never shot a gun,
    • Gambling with a client's life even if allowing a videotaped interrogation. "Any exculpatory can be used against you." "Take Justice Jackson advice and say 'No thank you' to the police"
    • "I don't know who robbed that store. It wasn't me. I wasn't even in Virginia Beach. I was four hours away visiting my mom." - Client wants to talk to the police. There is nothing on its face incriminating about all that. Even if you believe the client, you know him well. Not admitting motive, opportunity, or anything. How can this can come back against us? You're dead wrong! Everytime you talk to the police you will regret it!
  6. Even truthful answers can be used to crucify you even if they have false evidence that something you said was untrue.
    • What if you later find out they have a witness (an old girlfriend) who swears she thinks she saw you near the robbery? False, mistaken, confused, but credible witness.

Recent celebrity examples:

  • Martha Stewart - They couldn't pin it on her, but she talked to the police and denied it, and they charged her with lying and got conviction.
  • Maryanne Jones - Did she ever use steroids? She said no. Later it was found she was lying.
  • Michael Vick - At sentencing, one of the things they made his sentence harder, on his initial meeting with police he denied his guilt.

"Justice Jackson was right. Any sane competent lawyer will tell his clients not to talk to the police!"

No way to predict whether truthful information will spell your demise!

"God Bless America! God Bless the geniuses who gave us the Bill of Rights!"

The other side of the story

Starts at 27 minutes

Officer George Bruch - Virginia Beach Police Department

  • (His part is not in the short video)
  • Interviewed thousands of people. Criminal investigator. In Spain, Italy, etc., most interviews start physically.
  • "How do I quit getting speeding tickets?" - Quit speeding. Anyone drive here? Go above 55? Professor: "What are hands doing going up? I told you not to talk to the police." People are inherently honest, and they want to tell their story. If you drive 55, you'll be rear-ended!
    • I could follow anyone, and find something illegal they did that would justify pulling them over.
  • Many people admit to "speeding slightly" in their initial contact with police, justifying a conviction.
  • "People are stupid. Your clients are stupid!" A defense attorney told me his client is stupid. They do foolish things, they talk to the police.
  • In my past, I've interviewed thousands of people. I've dealt with 1000 felonies, 2500 misdemeanors, 98% conviction rate! 80% I didn't need to go to court, they confess! Even hardened criminals like to tell their story.
  • What is the thing you want the most in the interrogation room: To get out of the room!
    • Policeman doesn't care about getting out of the room, he gets overtime pay!
    • My job is to develop probable cause, a great case includes a confession, and the prosecutor loves cases he can prove with little or no effort.
  • Defense attorney job is to get to my client first and make sure they don't talk.
  • There are ways to get around people who try not to talk to you.
  • Would you go into a boxing match with an olympic boxer? You'll lose. You will lose when arguing with someone who has 20+ years experience. I try to bring no one into an interview room who are innocent.
  • What do you get told first in an interview?
    • Miranda warning. Real quick constitution class!
    • Then, I will tell the suspect the story I put together, and the individual starts slumping in their chair. "Oh my god" in their mind.
    • Then, Now that you know what I know, do you want to talk to me? This gives them time to think about talking to me.
    • Then, I describe the difference between a lie and the truth. I tell him that telling the truth will help him.
    • Then I need to determine the kind of person - Maybe I need to talk to them about different things, and try to get them to talk to me. I had to talk to a guy about how hot a woman was, and I understood where he was coming from: That guy is still sitting in prison. I can't act like a hood rat, as an older white guy, that would be an insult, you can't insult them. You have to get into their mind and have a discussion with them. The other kind is the kind who like to tell a story. I might have nothing on the person, but if they tell their story, I have everything.
      • The hardened ones will talk, they hate silence.
  • An unlevel playing field!
    • The cop is taking notes on the back of the ticket, everything you said. It will come into court.
    • Cops may get confessions over the phone.
  • You don't need a recording in court for a statement.
    • The real world:
      • Number one: The jury looks at a defendent, next to a defense attorney, that is strike one against them.
      • Number two: Uniformed police officer, detective in a suit, a professinal witness
      • Number three: Professional witness reading from notes.
      • A jury of your peers demands you prove your innocence, no matter the number of jury instructions you get.
  • Police don't do interrogations! We do interviews! Just a one word difference, but huge!
  • the tape of an interview is not required as evidence, it is just evidence. I reuse the tape after it is transcribed. Dont need the videotape if the officer is there testifying.
  • Police talking a criminal into writing an apology letter. It becomes a written confession in the persons own handwriting. Will that person get convicted?
  • Everything professor Duane says is true, that is what I do!

Another great one to review on a periodic basis:

  • http://www.duiblog.com - Lots of articles about problems in dui enforcement, problems with breathalyzer machines, and problems with constitutionality
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