Don't Talk to Police

[wrongwayric]

Actually the one time i was ever arrested the officer handed me a card with the miranda rights on it written in english and spanish and also read the rights to me out loud. I see no difference in handing that card to the officer in this case. You are just telling him you are aware of your rights and providing him with a written explanation of what those rights are.

I agree the card could be written a tad better. I also agree that as one of the individuals involved in the incident you should co operate with the officer. However only respond to direct questions, stick straight to the facts, and do not volunteer or make any judgements yourself. Remember they have video and audio recorders rolling on almost every single police car now days and the tape can and will be used against you.

I stand by my statement that your logic is flawed. It doesn't matter that the information is required what matters is that both the officer and the other party understand the law and rights of the individuals during the encounter. There are so many laws now that i think a small reminder during the event might just jog that officers memory of what he can and can not do in that situation.

[AWMac]

For everything else, there's MasterCard

 

[ZetaNine]

Actually the one time i was ever arrested the officer handed me a card with the miranda rights on it written in english and spanish and also read the rights to me out loud. I see no difference in handing that card to the officer in this case.

for the love of god........lemme repeat what most have been saying here.

It's not the communication with the COP.......it's how such an action will be treated in court.

[Elfie]

Theres a lot of us you wouldnt even have to say that to.

OOPs, I forgot. Were all out to get you right?

I have to agree with Shamus on this one.

[Terror]

This was posted in another forum concerning the Statement card:

Today was the legal section of our CCW class, and as promised, I presented this proposed statement to the prosecuting attorney who teaches the section. He said that there was nothing wrong with the card - that it absolutely does not indicate any sort of premeditation of intended action. By having this and reading it to the officers you protect your rights, indicate the desire to cooperate, and also indicate that you wish to speak with counsel before giving a statement. All of these are good things. He sees nothing in the statement that could be misconstrued or twisted against you.

My caveat - this is in Ohio, and that's where he practices, so your mileage may vary. It's also not an official legal opinion sanctioned by the city prosecutor's office, just his impression. But the title was his initial response after reading the proposed cards - "That's great!"

And although he doesn't deal with civil cases, he didn't see anything in there that would cause a problem in a civil case either.

At least that is that Prosecutors take on the card....

Terror

PS. The other forum is http://www.uscca.us/forum/index.php

[AWMac]

That card would help the Prosecutors pay for their dream house in the Hamptons. 
I bet he smiled when he read the card thinking to himself "Cha-Ching"

 

Mac

[Rich46yo]

If you get into an "incident" where you wave a gun around or discharge it, you might as well face the fact that you are going to the station, no matter what you say or don't say or what kind of card you pass out.

I got my lawyer on speed dial and I would just tell the leo that he will be meeting us at the station for the interview/statement.

I would just loose the card any way.

shamus

So you were expecting what? The POs to say, "have a nice day", the stiff is taken to the morgue , and thats that? Anytime anyone is killed there is an investigation. The same thing would happen with me, only worse, cause I could also lose my livelyhood.

And heres something else about Miranda. We dont have to read you your rights just cause we arrest you. I often dont even bother to read them to anyone. We only have to read them to someone before they are questioned about a crime while in Police custody. Miranda himself, the scumbag the lawyers decided to enshrine, was himself re-tried and convicted of murder. The Police dont need to read you your rights just cause youve been arrested.

And dont be so sure the Police will want to jam you up if youve been involved in a good shoot. Heres a little list of things that CAN jam you up, or, at least cause more suspicion. 1, If you, or I, have been drinking or if the incident happened anywhere near a tavern. 2, If you know the offender. 3, If it happened at a traffic altercation and was road rage. All this is why I avoid off duty incidents like the plague, and Ive had a few beauts in the past.

But any shooting is going to be investigated. If anything they will look harder at us then they will you. And dont be so sure the Police want to jam you up.

[slipknot]

That card would help the Prosecutors pay for their dream house in the Hamptons. 
I bet he smiled when he read the card thinking to himself "Cha-Ching"

 

Mac

Prosecutors, like most government employees, generally don't work on commission.

[TEXAS20]

“As a lawfully armed citizen, I ask for the same courtesy that you would show a fellow officer who was involved in a similar situation. "

        NOT!

I dont know who thought this card up but........... Good lord that is funny.


If you had to experience what an officer goes through after a shooting you would be suing the department. You had better hope and pray they do not treat you with the same courtesy we get shown. LOL

[Shamus]

So you were expecting what? The POs to say, "have a nice day", the stiff is taken to the morgue , and thats that? Anytime anyone is killed there is an investigation. The same thing would happen with me, only worse, cause I could also lose my livelyhood.

No I would be expecting to go to the station, didn't I say that? ,I also didn't say anything about anyone being killed.

You seem to read things between the lines that are not there sometimes.

shamus 

[wrongwayric]

for the love of god........lemme repeat what most have been saying here.

It's not the communication with the COP.......it's how such an action will be treated in court.

Your assuming that the case will get into a court. Stop assuming and get a clue. If it's justifiable self defense it would never see a court room. Also communication with the officer is essential in a shooting situation wether you be the shooter or a witness.  Letting the officer know, in the same way he does when he reads you your rights, that these are your rights in this situation shouldn't prejudice your case at all.

Please feel free to post all your law degrees and how many of these actual cases you've processed so that i "may" change my viewpoint. Unless you've tried one or been involved in one it's all speculation up to this point. If i was sitting on the jury i wouldn't see a thing wrong with that card being presented. But then again i'm a gun owner, former Marine, and have served on 2 juries already so maybe i have a different viewpoint.

[angelsandair]

"Here's yer sign."

 

Mac

Thats gonna suck. They start asking you questions....


"where were you yesterday?"

"......"

"well?"

"......"
 

[ZetaNine]

If it's justifiable self defense it would never see a court room.

with all due respect.......often times.....that is the exact venue where "justifiable self-defense" is decided.

Also communication with the officer is essential in a shooting situation wether you be the shooter or a witness. 

on a pre-printed dislaimer card?  I think not.

[ZetaNine]

But then again i'm a gun owner, former Marine, and have served on 2 juries already so maybe i have a different viewpoint.

As I've mentioned here before, I am an attorney...limited in scope to entertainment law...but nonetheless a bit more plugged into the system than you I think.

[Carrel]

for the love of god........lemme repeat what most have been saying here.

It's not the communication with the COP.......it's how such an action will be treated in court.

Yup...If you are on the stand and call your firearm a "weapon" under cross examination a good DA will nail you to the cross- "So you consider your gun a weapon? It's not a tool? A firearm? It's a weapon?"

Presenting a card to an officer as described in this thread could be used to show your willingness- nay, eagerness- to use your "weapon" against someone.

For me that card is like having a "beware of dog" sign on your front yard- If he bites someone they'll use that sign to try to prove your dog is vicious and out of control.

I think it's a bad idea to sho you even had a contengency plan just in case you had to shoot somebody- if they don't nail you in criminal court they'll rape you in civil court.