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Old 01-16-2012, 22:16   #12
TDC20
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Join Date: Apr 2011
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This is a little bit off topic, but since it was brought up....

You have a choice whether you talk to the cops after a SD shooting or not. You also have a choice in what you say and how you say it. Never forget that "anything you say can and will be used against you in court." That does not work well for you, but it works to great advantage for the Police and the State's Attorney should they decide to refer your case to a grand jury.

Considering that you are probably not going to be in a state of mind to say anything useful after a SD shooting, you would be best to defer the conversation to a later time, and seek legal counsel first. There are plenty of anecdotal cases of LEOs not being able to say how many shots they fired (thought 2 or 3, but unloaded a 15 rd mag), so you risk giving the prosecution evidence against you. What can you gain? Well, if the law enforcement agency is not gun-hating, CCW-hating, looking to ruin you, they may let you go if your story matches the evidence. Maybe. But you have a whole lot to lose if they decide to prosecute you. You will be providing them with the evidence they need to make a case against you.

What you shouldn't say after a SD shooting, is anything firearm knowledgeable. Don't give them anything that "can and will be used against you in a court of law." For example, if asked what kind of ammo you used, the right answer is "hollow points"...not... "155gr Hornady Critical Defense XTP's". If they press you for the brand of ammo (assuming you are using handloads here), evade. "I said hollow points. Isn't that what your agency uses? Isn't that what the state highway patrol uses?" If they continue to press you, tell them it's irrelevant. Answer a question with a question, and refuse to make their case for them. Let them figure out what kind of ammo you have. Maybe they won't want to pay to have a forensics lab disassemble and examine it, and just let them assume you don't know anything about guns or handloading. I'm not saying lie, don't ever lie, just don't give them information to prosecute you with. If they figure it out, fine. You can work with your lawyer on your defense. The less you say the better. Just don't volunteer any information that isn't absolutely relevant or necessary, because it can and will be used against you.
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