||Always, always, always specifically
state that you want a lawyer.
Do not say, "I think I should have a lawyer" or "Maybe I should have a
lawyer" or "Do I need an attorney?" Say, "I want a lawyer." Once you
have invoked your right to an attorney, then the police must stop
questioning you ---- which doesn't mean they have to stop talking to
you. They just can't ask any questions.
||You must clearly invoke your
right to silence. Say, "I'm invoking my right to silence."
||You don't have to answer
any questions that the police ask you
--- even if you haven't invoked
your right to silence. Refusing to answer questions is not
of justice, though the police will threaten that it is. It's only
obstruction of justice if you lie or mislead the police. Keeping silent
is not obstruction.
||The police are not your friends.
Do not believe any attempts at friendship. Those are just ploys to get
information out of you.
|If the police send anyone
else in to question you, remember you're still in a police station
being questioned and it's being observed. However, you may
wiggle room if you've invoked your rights to an attorney and to silence
if you can prove the person they sent in was working as agent for the
police even if that person is your father.
||You're either in custody
or you're not in custody. If you're not in custody, you're
leave. If you attempt to leave and the police will not let you leave,
then you're in custody. If you're in custody then you have the right to
||The police will go to
ridiculous lengths to avoid calling you a "suspect."
That's because as
an official suspect there are considerations that come into effect.
The police will avoid labeling you a suspect right up until
they put the cuffs on you.
||If your underage child is being
questioned by the police, the police will avoid calling him/her a
suspect as then a parent has to be present for the questioning. If the
child is not a suspect, but just a "witness," then the police don't
have to let the parents know. Which is why you should teach your
children that they never have to answer any questions the police ask
them unless a parent is there and says to.
|9.||Privilege is very narrowly construed.......|
spouses it covers only speech
(verbal definitely, I don't know about
written). It does not cover anything you see your spouse do.
(Contemplate the irony that giving money to a politician is "speech,"
but giving money to your spouse isn't "speech.") It also
does not cover anything you say if someone else overhears
|●||Privilege is void if a third
party is present.
For therapy it means that by definition group therapy is never
privileged. AA or any kind of self-help group is not privileged. If
you're undergoing any kind of individual counseling and someone you're
trying to work something out with (a spouse, parent, etc) is brought
in, that session is not privileged.|
same holds true with attorney--client privilege. If someone
else is there (who doesn't work for the lawyer), there's no
a doctor discusses something about your health in front your spouse,
etc., there's no privilege. Your health records are supposed to be
confidential, but apparently that's a big joke.|
with a spiritual advisor, even a priest, is not privileged. The only
religious communication that is privileged is specifically if
But if it is a confession, you'd better make sure you cross your "t"s
and dot your "i"s because the prosecutor will try to say it's not an
official confession. |
|●||Your name as a client is not
privileged. So if just by knowing your name, the police
can then use your identity to track down something you don't want
tracked down, don't give your name.|
not open the door for the police. Speak to them through the door.|
|●||Do not allow police into
your place of residence. If you open the door for them
they'll barge their way in. Then they'll go in any room and
start looking and poking into things even though they're only supposed
to be limited to what's in plain sight. If you have made the mistake of letting the police into your home, never under any circumstances let them out of your sight.
If there's more than one, do not let them split up. Do not believe any
claims that one of them needs a drink of water, has to go to the
bathroom, etc. They're just trying to split up so the one you're not
watching can snoop through your place.|
|●||Do not step foot outside
of your place of residence. Inside your residence the
police need a
warrant or to witness you committing a crime to arrest you. Outside of your
residence the police can arrest you just because they feel like it and,
depending on the jurisdiction, they can hold you for up to 72 hours
without pressing charges.|
||Never voluntarily consent to a
search or voluntarily turn over any records. If the police say, "Well, we can get a
warrant/subpoena." Then you tell them, "You do that."
the police get a warrant to obtain your DNA.|
volunteer a DNA sample. Once your DNA is in the system, it
stays in the system forever for comparison in other investigations.|
you leave behind or discard can be used to test your DNA without your
permission. If you eat or drink
anything, take the
trash with you. Do not throw away so much as a tissue.|
|13.||Rights extend only to the
person who's rights were violated.
Illegally obtained evidence can be
used against anyone else. Such as an illegally taped confession between
a clergy and penitent being used against someone the penitent mentions
participated in the crime. Or video tapes seized in an illegal search
being used against someone because he didn't live in the apartment
where the tapes were found.|
||The only one
who can actually make a deal is the judge. The police do not have
power to make deals. Neither do prosecutors. So even though you think
you have a deal, a judge can throw it out.
sure any deal covers every jurisdiction. There are
simultaneous, multiple jurisdictions: city, county, state, federal.
because you make a deal in one jurisdiction doesn't mean you won't be
prosecuted by another jurisdiction. A murder charge on a state level
can be a civil rights violation on a federal level.