GlockTalk Forum banner

61 - 65 of 65 Posts

·
Mr. Awesome
Joined
·
10,269 Posts
I want to be very clear about something because I feel I may have given the wrong impression here: I am a big supporter of LEO of all stripes, and I do support the notion that you should absolutely discuss what is going on with the police. I just think people should be careful about what they say and I take exception to the attitude that "Generally, the people who are only willing to talk with an attorney present are guilty of something, if not the crime they are being asked about."

I get that this may be your experience, but it is not the most constructive way to approach a citizen exercising his rights. Yes, they may have something to hide (or fear) as pointed out earlier in this thread, but why assume straight off the bat that it is a crime?

For example, if I were the guy who was cheating on his wife, lied to his wife about his whereabouts, had been using drugs, or was attending a political event in support of a candidate overtly hated by a large segment of the population, you can bet I would get myself protected before I talk. But, once protected, I would definitely want to cooperate to the greatest extent possible.

Here's an interesting question... In your experience, what is the best way to signal to a cop that you want to cooperate but have something to say that isn't for public consumption, if you know what I mean?
People should always be careful what they say. In general. Especially, when in an interview with LE.

"Generally, the people who are only willing to talk with an attorney present are guilty of something, if not the crime they are being asked about." This isn't an attitude. It is, in my experience, a fact. I've almost never had anyone refuse to talk to me that wasn't doing something at least shady, usually, outright illegal. If we take out the actual criminals, often that is adultery or addiction problems, some of which are illegal. The whole idea that someone who has done nothing wrong will stonewall LE is very rare. I'm not going to say it can't happen, I'm sure it has, I just can't think of a time where I have seen it.

You threw out several instances where you would get an attorney, but would cooperate, based on the guidelines given within his counsel. SO much depends on the type of investigation and what involvement you may have had. If you match a homicide suspect, that's very different than being a possible accomplice to a cigarette theft.

Let's look at the "lied to wife/cheating". Chances are pretty good you could tell LE where you were, they confirm, and you be home in less time than it would take to get your attorney there. You tell your wife you were witness to a crime and might be called back in, for further questioning, to help the case. You tell her you can't talk about it, in case you have to go to court. Give her a quick story of the crime, she sees it in the paper or hears about it. Done.

Conversely, you get called in, but don't want your wife to know you lied. You choose to wait for an attorney. You sit in jail while the woman you were seeing hears you got arrested and decides it's a good time to take an unplanned trip. LE goes to your house and interviews her. You lied to her, so she give LE a bogus alibi, for you. They ask her about the ___________(fill in texts or calls to other female). Now, she is mad and suspicious. Your attorney comes in, thanks you for the boat payment, tells you to talk to LE, nothing you have done can get you in trouble, with them. You are freed after giving information that LE has to verify. A week later, they have confirmed your alibi and you are talking to your attorney or a therapist, trying to save your marriage or your half.

As far as the drugs, it really depends on the charges. If I was smoking weed, at a party, no big deal. It was in the past and can't be charged. If you have the large LSD lab, in the world, in your basement, that can be a game changer. The LSD guy might want to cooperate to do whatever he could to stop the LE from thinking his place would be good, for a warrant. Too many variables.

The political event would have never crossed my mind, until this year. That's a new one and would obviously be against the Constitution.

Ok officers and attorneys on here a quick question, if you’ll allow: How many interviews (what rough %) go over to interrogations or lead to charges with the person directly being interviewed?
First, we have to define an "interview" If you include side of the road interviews, during car stops, that 's a large number of interviews. If you only look at in person interviews for misdemeanor and felony crimes, that's fewer, but still a lot.

The agency I worked for does things very differently than most places. We handle the case from beginning to end. We don't have a crime scene unit that arrives and does stuff, we collect and process the evidence from our own cases. It doesn't matter what crime it is, we investigate all leads, including typing and serving warrants. When we go to court, one LEO spends most of the time on the stand, explaining the whole case. Other LEO's may help with little stuff, but one person oversees it all, does all the heavy lifting, and packages it.

I did a lot of interviews in the patrol vehicle. Often, we had a half hour, or more, to the jail/Sheriff's Office. Talking in the car is natural and a great way to gather information. Most of the interviews I was able to complete in the vehicle did not get to interrogation. By the nature of being something I had them in the vehicle, they were caught in the act or on a warrant for the arrest.

Therefore, I will give you rough, approximations of the interviews that came to the Sheriff's Office or were brought in, but not interviewed, in the patrol vehicle. For every suspect that gets brought into the interview room, I would guess and average of three victims and/or witnesses are brought in. Sometimes many more, sometimes none.

If you look at just suspects, I would guess one in fifty-ish got to interrogation. My interview style leads to a high level of cooperation and efficient transfer of data. I have only had a few go to interrogation, in over a decade. One lady, who I believe abused her six month old granddaughter, was interrogated, without result. She alluded to it, several times, but never gave anything actionable. I rarely used the "interrogation" tactics. Most of them who weren't going to cooperate were the frequent fliers who know every jailer and will ask for an attorney at time of arrest. They know they did it and don't care. They will play the game and roll the dice.

I just realized I didn't answer the last part. A lot of people who come in as suspects are charged. Most often, this is because they have provided a confession and it is backed by evidence. It isn't uncommon for charges to change, based on the confession, as it isn't uncommon for victims to leave out inconvenient parts of their story.

How common is it for someone to be brought in as a suspect and charged, but then to be found innocent? Very uncommon, if they talk to LE. More common if they refuse to cooperate, but still not as likely as people tend to think, based on watching TV.
 
  • Like
Reactions: Mathemagician1

·
Mr. Awesome
Joined
·
10,269 Posts
Yet another reason I like having a rare last name. Almost no chance of mistaken identity.
I wish I could remember his name, not that I would post it on here, but it wasn't common. I have seen several cases where similar names got people in trouble, but they usually don't look similar. This was just a freak deal.
 

·
Registered
Joined
·
10,506 Posts
It sticks in my memory that there used to be a sticky somewhere on GT several years ago about how to respond to police when involved in a DGU. I though it was in COP Talk.

I've spent some time looking for it and did some searches, but can't find it. A lot of it involved around wether it was a good shoot or a bad shoot.

Anyone know where it went?
I think this may be what I was talking about? Or possibly it was the 'old' thread Sam mentioned?

https://www.glocktalk.com/threads/le-contacts-rights-and-powers.994145/
 

·
Mr. Awesome
Joined
·
10,269 Posts
  • Like
Reactions: Caver 60
61 - 65 of 65 Posts
Top