Florida Shooters Network

if you would be involved in a shooting and take a ride downtown as they say, how much is too much, not to say to the police ??

if they ask you a few simple question about what happened, they might be trying to find out your side of the story, to help draw a picture to aid in their investigation of what happened. Should you tell them anything ?? not even the story, such as I was walking to my car and 2 guys came out of the darkness with a knife etc ??

A lot of folks say don't say anything, does that mean keep repeating and only answer with " I wanna talk to my lawyer " , I could see where LEO would eventually get frustrated and possible make it harder than it has to be, or make your stay as UNcomfortable, while you are there.

and we all know, your probably not gonna have a lawyer in your pocket to call, so what happens in the time after the shooting , while you are sitting there not cooperating ( not cooperating in the LEO eyes cause all you keep saying is I wanna talk to my atty ) ??...do you just sit there not saying anything to let them know it was self defense ?? or do you speak up so they do not charge you with anything ??

just wanna hear some thought, discuss

Look at this from a different perspective. What usually happens in an officer-involved shooting? Does the cop in question immediately make a full, detailed public statement? Not on your life. They get put on paid administrative leave and wait for a union rep and lawyer to be assigned to them. In about two weeks, the officer's statement is made public after the officer, the union rep and the union lawyer agree on what happened. If that approach is good enough for the cops, why shouldn't it be good enough for the citizens?

but that officer is not jailed or detained for a long period of time, on ICE as they say

It might depend on the state or jurisdiction. We're in Fla. so I don't see a problem. If you know in your mind it's a good shoot, then I'd have no problem telling my side of what happened. How much I'd say would depend on the attitude of the cop. I don't think I'd want to brag about firing at an unarmed bad guy as he ran away from me and I'd keep the story simple.
I can't imagine sitting there stone quiet or repeating "I want a lawyer", not answering simple questions about the event. Makes that person seem like he's trying to hide something.
The guy at the gas station that shot the guy that jumped him? Good damn shoot. The old guy in Texas telling the 911 operator, "I'm goin' out there and shoot 'em!". He got away with it, but that may be a bit iffy in Fla. This last one where the bad guy drops the shotgun and flees out the window, and the neighbor shoots at the guy? Not sure I'd want to say a whole lot about that story, unless it's, "I shot low because I was really really scared the thief had another gun!"
If it's a good shoot, I'd tell my story simply, without any embellishment.

Oh, and to what was stated above this, we don't enjoy the same protections as a cop-involved shooting.

czharry wrote:Oh, and to what was stated above this, we don't enjoy the same protections as a cop-involved shooting.

Not relevant. You have absolutely no respnsibility to spill your guts out to the cops without your lawyer being present and getting your story straight upfront. You're most likely on an adrenalin high and may recall events differently than they actually happened. Why is it wrong to wait, gather your senses and seek legal advice before saying anything beyond your name, address and "I want a lawyer?" It's not illegal to do so. The cops may not like it but who cares? Remember - anything you say can be used against you even if you think you said nothing "wrong."

Cops don't talk without legal advise. Why should we?

Rentprop1 wrote:but that officer is not jailed or detained for a long period of time, on ICE as they say

Who says you will be? Wouldn't that motivate you to make sure you have legal counsel right away?

Write this down:

"Thank you for coming officer, I'm the one who called, there is the person who tried to [insert violent felony here]. I feared for my life and/or life of my family so I shot him in self defense. I'm happy to cooperate fully with your investigation, but I do not wish to answer any further questions until I speak with my attorney".

Identify the good guy, the bad guy, that this was a self defense shooting and that you want an attorney. Nothing else is important at this junction.

You're playing to the DA, and, if necessary, the jury, not the cops. Frankly, in the grand scheme of the "justice" systems, the cops are pretty trivial. Unless you need to ID witnesses or evidence that might be overlooked, there is just no need to talk to them. They don't matter.

Im 99% with Moe on this one, Brief explaination of what happened, Person Broke into house , came at me with weapon ect ... I was in fear for my life so i dew my weapon blah blah blah ... that would be followed up with but im a little shook up right now and would like some time to calm my nerves, I will come down to the station tomorrow for a give a full report. If that doesnt satisfy them then i would go with the whole ill be there tomorrow with my legal council.

Personally i hope i never have to give a De-brief on that type of situation but if i do i dont want to trip over my tongue or have ANYTHING taken out of context. I doubt im the only person that would have the feeling of "F&#K YA that M Fer is Dead and im ALIVE!" so i would rather have the time to compose myself before i make a statement of any descriptive context

I agree with Moe and the rest of the "don't say anything" crowd and I also agree that the police are the smallest piece of an investigation/prosecution and that anything you say to them will probably do little to help you but could definitely hurt you.

There is a video on YouTube that I've posted here before where both a law professor and a seasoned police interrogator lecture law students to NEVER speak to the police. It's a long video, about 40 minutes, but if you watch it, you'll understand how honest and truthful statements to the police can come back to haunt you. If you're interested, here's the link... http://www.youtube.com/watch?v=6wXkI4t7nuc

I like Aquajon's statement and I think if anything is said, it should be nothing more than that.

I think the concern to adhering to all of this is the potential financial and arrest implications. For example, let's say that it's a shooting not as clear cut as a home invasion. Let's say it's an attempted car jacking, guy rips your door open is reaching for your keys, or kid, etc, and you shoot him... and he's unarmed.

Castle Doctrine should still apply but may be less clear cut from the outset. You call 911 and you are not denying that you are the one who shot.

In this scenario, if you say nothing, there may be a chance that you could be arrested until the details can be worked out. This will cost lots of money and potentially time away from home. Of course this is all better than a conviction, but none-the-less, a situation that we would all prefer to avoid by simply telling our side of the story.

as someone that has seen a violent crime up close remember this "Officer I was the victim in a violent crime. I have no recollection of the incident, I need to go to the hospital. Please call me an ambulance, I will not be making any statement until I am ready. I will be getting legal advise before I make any statement."

bigtimspawn wrote:“I have no recollection of the incident…”

A good prosecutor would make you regret that you ever said this. A great prosecutor could make his/her case on your faulty memory (or your manipulation of the truth).

IMHO of course.

Smith

bigtimspawn wrote:I have no recollection of the incident, I need to go to the hospital. Please call me an ambulance

Your legal fees if arrested would probably be cheaper than the hospital bill

Go to youtube and search for "don't talk to cops". There's a vid of a lawyer and a cop basically giving you all the great reasons why you should not say anything. People think that because they did nothing wrong, that they should try to explain their side. It's natural. The problem is that it cannot help you, but only hurt you. It won't keep you from getting arrested, it won't get you released sooner or put the cops on your side because you are cooperating. You cannot talk your way out of an arrest, regardless of what they tell you.

ETA: Enoch already posted this

There is a video on YouTube that I've posted here before where both a law professor and a seasoned police interrogator lecture law students to NEVER speak to the police. It's a long video, about 40 minutes, but if you watch it, you'll understand how honest and truthful statements to the police can come back to haunt you. If you're interested, here's the link... http://www.youtube.com/watch?v=6wXkI4t7nuc

There's plenty of time to tell your side of what happened. Do that AFTER getting a lawyer and never before.

There are a lot of good cops out there and they are not out to get you. You can help them and yourself by getting legal counsil ASAP.

All that cleverly worded stuff or a prepared statement isn't as good as, "I'd like to see a lawyer." And then SHUT UP!!!

creophus wrote:Go to youtube and search for "don't talk to cops".

We have an INFORMATION RESOURCES forum here but nobody seems to want to see what's in it. Shame.


why-you-should-never-talk-the-police-t77330.html

Well there you go.

My .02

A) I was in fear for my life.
B) I want that corpse arrested.
C) I will be glad to cooperate once I have had a chance to collect my thoughts and retain counsel.

'Nuff said. Screw 'em if they think you are being "uncooperative".

czharry wrote:It might depend on the state or jurisdiction. We're in Fla. so I don't see a problem. If you know in your mind it's a good shoot, then I'd have no problem telling my side of what happened. How much I'd say would depend on the attitude of the cop. I don't think I'd want to brag about firing at an unarmed bad guy as he ran away from me and I'd keep the story simple.
I can't imagine sitting there stone quiet or repeating "I want a lawyer", not answering simple questions about the event. Makes that person seem like he's trying to hide something.
The guy at the gas station that shot the guy that jumped him? Good damn shoot. The old guy in Texas telling the 911 operator, "I'm goin' out there and shoot 'em!". He got away with it, but that may be a bit iffy in Fla. This last one where the bad guy drops the shotgun and flees out the window, and the neighbor shoots at the guy? Not sure I'd want to say a whole lot about that story, unless it's, "I shot low because I was really really scared the thief had another gun!"
If it's a good shoot, I'd tell my story simply, without any embellishment.

Oh, and to what was stated above this, we don't enjoy the same protections as a cop-involved shooting.

I would say that relying on the attitude of the cop is a bad idea. Cops know how to talk friendly to people to keep a conversation going and they are allowed to tell you just about any lie. The cop could be telling you that you are a hero and he wants to take you out for a beer one minute and the next minute you are in cuffs because you said the right thing the wrong way.

The cop is not there to be your friend or your judge. He is there to figure out who can be arrested and to arrest them. Arresting both sides of a shooting is both better and safer for him. The more he gets you to say the better his arrest of you will be. Like the lawyer in the video says anything you say can and will be used against you in court but nothing you say can be used to help your case. Things you say to a police officer are only admissible in court as evidence against you.

If you carry you should expect at some point to have an encounter with the Law.
I have already spoken with my attorney regarding a few possible situations.; call it pre-gaming.
The time to think is not after the fact.
I have never had to but I hope I will be in the state of mind to remember that nobody at the scence of a crime is
your friend.
Get a lawyer involved as soon as possible. The longer you shut up ur mouth the better off you will be.

my opinion.

Things I've learned from watching The First 48...

Those that make a statement to the police end up in deep shit. Those that don't, tend to walk free.