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Date:      September 30, 1990
From:      Assorted
Subject:   Some views on what to do if questioned by LE agents

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***  CuD #2.05: File 6 of 7: Responses to "When the Law Comes..."***
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{A recent discussion on a newsnet (efftalk@netsys.com) covered the problem
of how to respond if questioned by law enforcement.  The following synopsis
was distilled to cover only a few of the main points. The consensus there,
and from other sources, seems to be "don't volunteer anything" and to be
cautious when implied promises are made in turn for pre-Miranda
cooperation.

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My general impression was "call your lawyer first, talk later." You aren't
incriminating yourself by refusing to say anything without a lawyer
present.

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Actually, some good simple rules that apply to any adversary or
investigator (press or police) are:

a) Don't talk if you have any reason to believe that they *think* or
suspect you of any wrongdoing.  (Wrongdoing by their definitions, not
yours.)

b) If you must talk, *ask* questions, do not answer.  And take care to make
sure your own questions do not contain answers.  If you remember to always
ask a question, you put them on the defensive and confuse them, because
they think they are there to ask the questions.   They may not be fazed,
but sometimes this is more fun than "no comment."

c) Be "fully" cooperative, but insist that everything take place in
writing.  Say, "If you would be prepared to give a *complete* list of your
questions in writing, I will give them due consideration."   This makes
them stop and think.  (With the press, it also can add a delay which makes
them go away.  If they insist on speed, tell them to fax the questions.
You are under no obligation to fax the answers back, even if you do
answer.)   In this situation, you can't be accused of refusing to comment.
You are just being careful and getting documentation -- an admirable trait.

Get a complete list of questions -- make them understand they don't get to
ask any more -- that way you can sometimes figure their intent.

d) If you can slow it down, slow it down.  Using writing is just one
example of this.  Slowing it down is almost always in your advantage, and
not in theirs.

e) Scare 'em.  It may not work, but tell them you are turning on your
camcorder or tape recorder while they do what they do -- for your records.
It may have no weight in evidence, and they may tell you to shut it down
(legally or not) but it will scare 'em.  And it looks bad if they refuse
you your right to document events.  These guys live by documentation and
paperwork.   But they don't like it if they are stepping over the line.

And of course, if you think you are in serious shit, call your lawyer.  Ask
if you are under arrest, and under what charge.  If you are under arrest,
you have a right to call a lawyer (eventually).  If you are not, you are
free to call a lawyer.

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Best advice. *NEVER* volunteer *ANYTHING*. When they show up, you'll
probably be under stress -- and your mistakes will count against you.  Get
A Lawyer.

|> b) If you must talk, *ask* questions, do not answer.  And take care to make
|> sure your own questions do not contain answers.  If you remember to always
|> ask a question, you put them on the defensive and confuse them, because they
|> think they are there to ask the questions.   They may not be fazed, but
|> sometimes this is more fun than "no comment."

This won't last long; they think they are there to ask the questions and
will usually enforce this concept. This might work if you are not a
suspect.

|> c) Be "fully" cooperative, but insist that everything take place in writing.
|> Say, "If you would be prepared to give a *complete* list of your questions
|> in writing, I will give them due consideration."   This makes them stop and

This will only work if you are not a suspect.

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The first thing to do when talking with the police/SS/etc, is DON'T LET
THEM INTO THE HOUSE!  Do your talking on the porch, sidewalk, their office,
etc.  The SC has held that once the police are in your home, they are free
to walk through the house.  Bring a lawyer if the questions are
questionable (so to speak).

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> camcorder or tape recorder while they do what they do -- for your records.

If you're really desperate, you can get one of those home security systems
that (among other things) continuously films various rooms from hidden
cameras. Then you'll have a videotape of them telling you to turn off your
tape recorder. :-)

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A funny thing happened to me one day when I came home from school! There's
this car in my driveway a Crown Victoria with a siren in the front seat.
Well I speak from my own experience. Say Nothing unless you are confident of
your abilities to handle yourself.  90% of police work is done because
people rat on each other, and 10% is done cause the police (pick one)
harass, coerce, trick, etc people into admitting what they did.  In my case
I talked the whole time rather threateningly too.  The cop said "We know
you did it so why don't you admit it it will make it easier on you, your
parents, a nd us and if you make it easier on us the Judge will go easy on
you. Well I stood up and said you dont know Sh*t.  And all of this was
infront of my parents and the cop wanted a lie detector and everything when
he said this my dad went crazy. "A Lie Detector?!!!" Well anyway to make a
long story short I didn't take a lie detector I didn't go to jail (I was
18) and I got an apology out of it...So If you didn't do anything don't say
anything or else say something unpolite! It will make you feel beter!

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