Some good info found. Professor Duane makes many excellent points in those videos. They are required watching in my house . There are a few times where one must carefully tread around saying absolutely nothing versus enough to get on one's way. And, just to support the idea that not talking is good: Why You Shouldn't Talk to Police Always get a second opinion!
yeah, the miranda or charter says " can and will be used against you" it clearly does not say " for you in your defense"
Good stuff. I watch those videos from time to time, just to remind myself, and I re-read Boston's guide every once in a while too. Can't stress enough that the cops are no longer our friends.
To me, cops are & always have been Revenue Collectors for whichever part of government they work for, aka Town, City, County, State.. Makes me glad my truck looks like the 16 year old common everyday old truck. So as long as my lead foot off the gas you can't see or hear any difference from any other old F-150. I tinkered under the hood a lil though Amazing how many parts made for 5.0 Mustangs will go on a 5.0 F-150
Good subject Quigley. I agree, if something happens. Call a good lawyer before you call the police if you can. If not just tell the responding officers that you have been advised by your attorney not to say anything until he meets with you. And stick with it. Also paramedics and firemen can be called as witnesses so the best thing is do not say anything to anybody and make sure your family knows the drill.
I haven't watched the videos yet, will watch them in the morning, if I'm not working ... We had an incident last week. There was a guy on the loose in our neighborhood, and there were police all over the place, blocking streets, alleys, spotlights all over the place, police dogs searching all over .... I was outside taking videos, but staying away from the action. One of the officers came over and asked us (myself, my son and his friend, and two of our neighbors) if we saw the guy they were looking for. We said no, and the officer got very nasty with us, telling us that one of his officers buddies was shot and killed, and was getting very angry with us, like we were hiding this person they were looking for. I had to walk away and go back inside my house before I said something that might get me arrested! My neighbors don't like the police and were arguing with the officer to the point I thought for certain they were going to get arrested! I've had a run-in with this very same officer before when we need help, and he just gave me a lecture, and told me that he was going to put our house on some kind of list they have, I think it's a "No-response" list, meaning that the next time we call the police, they will NOT respond .... Can the police actually put you on a "No-respond" list ... ???
if he said that and you have it on tape/film keep it... it gives you a basis for suits later... no they cannot put you on a no response list.
I do not have that incident recorded. Somebody told me that the police can take your camera if you are recording any police activity.
I don't know the laws in California... but i think that the issue has to do with the privacy laws re wiretapping... check out the following link... California Recording Law | Citizen Media Law Project Some in-person discussions are considered private, and some are not. For example, in one case, bugging a private house with a hidden microphone violated state law because the residents inside reasonably expected their conversations to remain private. By contrast, one court held that a private investigator who recorded a conversation while standing on a sidewalk outside a first-story apartment did not record any "private communication" because the conversation could be heard clearly from the public sidewalk through an open window. Another court held that a television station did not violate state law when it secretly recorded a conversation between an actor and a producer at an outdoor restaurant. The expectation of privacy analysis is very fact-specific. bottom line is Maybe... new link... http://www.consumeradvocatelegalupdate.com/tags/filming-police-officers/
In most cases Law Enforcement CANNOT appropriate Private Property, without a Warrant, and if they do, you CAN, and should, DEMAND a Receipt, for the property. Get the Badge Number, and Signature, on the Receipt, for ANY property taken for ANY Reason If the LEO will NOT comply with the above, then immediately go the HQ, of the LEO in question, and Swear out a Complaint for Theft of the property, with the Internal Affairs Officer. What this does is put the Officer in question, on notice, and that you have Paper Trail, that can be taken to Court, to get your property returned, once the cases is settled, or the property in question, has no more probative value in the case. It can't grow legs, in the Property Room, and disappear, without you getting compensation, or getting a court judgement.
