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[Truean]

Let me start off by saying that at about 2 AM, I just got dropped off at home, am somewhat drunk, yet am typing surprisingly well.

It goes without saying that this was a damn tragedy. I expect a police misconduct procedure to be followed to say the least. "Someone(s) has(ve) some serious explaining to do...."

I find myself immensely saddened that the courts do not, and indeed no one does, inform people of how to legally act around police officers, but consider ignorance of this important legal knowledge no excuse. Given fluctuations between state laws and practical enforcement, I wonder how "ethical" (read, within the regulations on attorneys) it would be for me to post something on topic. I'm only licensed to practice in Ohio. Catch 22: would this be considered giving legal advice online, which for numerous reasons, some of which are above, I won't do...? Neverminding, the fact that I am somewhat intoxicated currently, and thus you should pay no attention to the inebriated attorney....

Years ago, I was hanging around the ACLU and sorta helped out this public non profit dedicated to showing people how to actually deal with police in many situations including the classic "getting pulled over" thing. I don't even know if the non profit is around anymore. Maybe I'll see if it is/respond when I'm respectably sober.

It is immensely complicated and any advice has to adapt to several things with specific preferred phrases. I am not joking that a complete explanation would take several pages. I have purposefully refused consent when pulled over to police searches before, knowing full well they would bring out the K-9 unit just to screw with them for fun, while being rather polite, and while knowing full well there was nothing for them to find. Most people don't know enough to safely do that and it's quite frankly playing with fire for them IF they don't know exactly what to do.

I am saddened and amazed at the misconceptions out there about criminal arrest, search and evidence procedure. If the court is to assume the public knows this procedure, then the ignorance of it cannot persist while we call ourselves a just society.

[jaxy15]

Wait, why did they attack the former marine?

Either way, I think I'm gonna start up the object testing arena and kill some kobolds to let off some steam. Those damn cops piss me off.

[Funk]

you know the bit when he says he is fine? just walk a way, go get some food, have a fag what ever just take a brake then get back to work.

[FrisianDude]

Edit; I'm baffled so many in this thread assume all police are evil murdering maniacs determined to pin any crime on anyone they speak to.

I'm going to take a wild guess that you're white.

Yes. I also live in a civilized country rather than the USA.

[Urist Imiknorris]

There's your problem. I want to draw some parallel between American police and Australian wildlife, but I can't think of anything at the moment.

[nenjin]

Packs of dingos with guns?

[AWdeV]

Thinking about it for a moment, I think the fact that the ambulance was called does constitute probable cause for the police to enter his home, even without a warrant.

Someone might be in danger! Quick, let's shoot him!

[Azkanan]

I really can't feel empathy about stories like this, when they're written with a biased narrative. "Pulls a shrawl around her, her voice cracks" bullshit.

So much for impartiality.

[FrisianDude]

Are you serious? That's still pretty impartial as it's only a mention of how she acts while in shock. And she is obviously shocked.

[Flying Dice]

I really can't feel empathy about stories like this, when they're written with a biased narrative. "Pulls a shrawl around her, her voice cracks" bullshit.

So much for impartiality.

"An old man was murdered in cold blood by a number of police officers?"

"The news report was written more like a story than a factual report."

"Lol, I don't care about it any more."

 

[Neonivek]

To admit.... if the Old man DID try to pull a knife on the cops

The story probably would have happened the exact same way.

[DJ]

He might've taken one down with him though, he *was* a marine.

[Neonivek]

Ehh the police here could totally take down a marine.

Ok an exageration... But I have heard people comment on American police not knowing martial arts

Which was odd to me given that martial arts is actually manditory for all police officers where I live.

[ChairmanPoo]

Ever heard an aphorism that goes "never bring a knife to a gunfight"?

[Truean]

Found that non profit I was talking about! Though they changed names or merged programs or whatever since I was helping out a years ago:

And, it looks like they've done an excellent job. We've had text guides on our website similar to this but tailored to Northern Ohio basically forever. This is basically what we tell our clients; we never had videos before though.
http://www.flexyourrights.org/faq/keep_police_from_searching_car

If you're wondering who that dashing Attorney talking to the courtroom full of concerned citizens is, that would be this man: (named founding partner, former judge)
http://billymurphylaw.com/people.php?PeopleID=5

Disclaimer you need to read: 1st, you don't have to buy the DVD; the free Youtube clips are excellent. Second, this is excellent generalized advice; remember what I said about enforcement and rules varying? They do; it matters. If you've been charged with a crime or are under investigation, contact a locally licensed lawyer ASAP. DO NOT THINK TALKING WITH THE POLICE WITHOUT A LAWYER WILL HELP YOU. Do not rely solely on these videos for any defense, they are an excellent preparation to help a lawyer mount a court defense. I don't recommend trying anything on your own. You have the right to remain silent. Use it. You have the right to have an attorney present. Use it. These rights exist for a reason. Use them.

Law is not and never can be a magic formula. It's all about prosecution and defense convincing the judge there was or wasn't probable cause. You can make it easier on yourself and your attorney if you're prepared. You don't know your rights, period. On average, you really don't know your rights if you think you do. Do not provoke the police. You don't "fight" the police; lawyers do. Your job is to be the most model upstanding citizen possible in a police encounter and give the police nothing, NOTHING to use against you while making it easier for your attorney to help you.

Some additional tips:

IF THE POLICE SEARCH YOU ANYHOW WITHOUT CONSENT: stay calm. If they search you anyhow without consent, then your lawyer has a better chance of winning your case in court. Most police searches happen because police trick people into validating the searches by consenting.

Refusing consent is not probable cause in and of itself.

You now have to actually say, "Officer, I am invoking my right to remain silent and want to speak to an attorney," for your right to remain silent to attach. NOT: "Maybe I should speak to a lawyer." NOT: "I don't want to answer your questions." There are a million little things like that, hence why I will say again that you should never do legal things on your own, always consult a locally licensed attorney who can practice law in your jurisdiction.

Edit: Clearly, this only applies to the US.