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re: Is there any scenario where cops legally can question someone without a lawyer?

Posted on 9/14/23 at 8:07 pm to
Posted by Quatrepot
Member since Jun 2023
4086 posts
Posted on 9/14/23 at 8:07 pm to
Same for Game Wardens.

Ask them what they want to see and stfu otherwise.
Posted by SalE
At the beach
Member since Jan 2020
2442 posts
Posted on 9/14/23 at 8:07 pm to
Yes
Posted by SalE
At the beach
Member since Jan 2020
2442 posts
Posted on 9/14/23 at 8:07 pm to
Yes
Posted by FUMDUCK
Louisiana
Member since Aug 2023
104 posts
Posted on 9/14/23 at 8:08 pm to
Right to remain silent; if they don't exercise that right, they can ask whatever they want.
Posted by jacquespene8
Nashville, TN
Member since Sep 2007
4153 posts
Posted on 9/14/23 at 8:16 pm to
quote:

I’ve recently gone down a police interrogation YouTube rabbit hole. They show real interrogations of criminals being questioned for murders, etc. They’re fascinating to watch and it’s amazing what the criminals will answer without even once thinking about requesting an attorney. The interrogation tactics are also really interesting and most of the interrogators are really frickin good at making the criminal feel relaxed and speak pretty freely until they’re admitting the crime.


I too went down that rabbit hole. It’s amazing how many people just start chit chatting away with the interrogators.
Posted by faraway
Member since Nov 2022
2169 posts
Posted on 9/14/23 at 8:16 pm to
cops will rarely read you your rights until they bring you to the station.
Posted by geauxpurple
New Orleans
Member since Jul 2014
12586 posts
Posted on 9/14/23 at 8:29 pm to
Yes but first the Miranda rights must be read and the defendant has to waive the right to remain silent.
Posted by kywildcatfanone
Wildcat Country!
Member since Oct 2012
119623 posts
Posted on 9/14/23 at 8:36 pm to
Better call Saul
Posted by CaptSpaulding
Member since Feb 2012
6529 posts
Posted on 9/14/23 at 8:37 pm to
quote:

I’ve recently gone down a police interrogation YouTube rabbit hole. They show real interrogations of criminals being questioned for murders, etc. They’re fascinating to watch and it’s amazing what the criminals will answer without even once thinking about requesting an attorney.


Red Tree Crime is my favorite. I’m amazed by this too, and I think some of it comes down to 2 things:

1. They don’t grasp the situation they are already in, and think that if they say the right things they have a chance of going home, instead of lawyering up and being held longer.

2. They can’t afford a real attorney, and a PD will just be another person in the room that they don’t know if they can trust.

Posted by Bigfishchoupique
Member since Jul 2017
8501 posts
Posted on 9/14/23 at 8:42 pm to
quote:

Is there any scenario where cops legally can question someone without a lawyer?



Any of them if the person talks. Don’t talk to cops.


Only an open mouthed fish gets caught.
This post was edited on 9/14/23 at 8:43 pm
Posted by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
25906 posts
Posted on 9/14/23 at 8:43 pm to
Talking to friends that practice criminal law I get the impression the only people that don't talk to the cops are hardened criminals that only know 2 words: law and yer.

There also seems to be an amazing subset of those who think admitting to a lesser crime makes them more believable. Well yes officer I stole $5,000 from the company but I didn't kill the CFO. Good job F. Lee Bailey.
Posted by shutterspeed
MS Gulf Coast
Member since May 2007
63655 posts
Posted on 9/14/23 at 8:58 pm to
Knowing everyone in this thread would sing like a canary from the very first question asked by a LEO.
Posted by BobABooey
Parts Unknown
Member since Oct 2004
14333 posts
Posted on 9/14/23 at 9:08 pm to
quote:

start asking follow up questions in a traffic stop

Nah - save that for court. Why tip your hand and give the cop a chance to falsify some records or prepare to lie convincingly in court?
Posted by LemmyLives
Texas
Member since Mar 2019
6555 posts
Posted on 9/14/23 at 9:22 pm to
quote:

The types of people committing crimes are usually idiots


I'm sure you realize how big Federal and State Criminal code is, right?

quote:

The average professional in this country wakes up in the morning, goes to work, comes home, eats dinner, and then goes to sleep, unaware that he or she has likely committed several federal crimes that day. Why? The answer lies in the very nature of modern federal criminal laws, which have exploded in number but also become impossibly broad and vague

From the book, Three Felonies a Day.

"Am I being detained, or am I free to go?" Words to live by.
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
27243 posts
Posted on 9/14/23 at 10:03 pm to
No one should speak to law enforcement, ever. If they have enough to arrest you, they will, no matter what you say. If they don’t, they won’t, no matter how little you say.

Beyond that, the deck is stacked against you. LEO can say the absolutely dumbest shite, lie, etc, etc, and it doesn’t matter. But if what you say, and don’t say, aren’t fricking perfect, it will be twisted against you. You can’t win. Best case scenario is a draw, and that’s staggeringly rare, in my experience.

But in spite of this post, every other post on this thread, and everything else people have heard during their lives, the overwhelming majority of people on this thread would believe they are special and that they are doing themselves a favor by making a statement.

You aren’t. fricking don’t. Not only will you frick yourself, but any attorney worth a shite is going to charge a several thousand dollar idiot fee if they have to navigate around your moronic “statement”.
Posted by redstickrick
Member since May 2019
333 posts
Posted on 9/14/23 at 10:23 pm to
Unfortunately, average OTer wouldnt be able to properly request an attorney even if they tried to...

quote:

Louisiana Supreme Court found it too ambiguous to say that the man invoked his right to counsel when he said, “I need a lawyer dog.”


LINK /
Posted by Ba Ba Boooey
Northshore
Member since May 2010
4705 posts
Posted on 9/14/23 at 10:47 pm to
I need a lawyer, baw
Posted by LemmyLives
Texas
Member since Mar 2019
6555 posts
Posted on 9/14/23 at 10:56 pm to
quote:

No one should speak to law enforcement, ever. If they have enough to arrest you, they will, no matter what you say. If they don’t, they won’t, no matter how little you say


Nothing you say is exculpatory. Shut. Your. Mouth.

Is that your washing machine in the middle of the street? Shrug. Where did it come from? Shrug.
Have you been drinking? Shrug. (Yes, that happened.)
Posted by UnrealMFer
Georgia
Member since Aug 2023
145 posts
Posted on 9/14/23 at 11:07 pm to
quote:

You always have the right to remain silent.


Yeah but stupidly enough you better invoke it verbally, because cops have used silence as evidence of guilt and courts have supported it.
Posted by Porpus
Covington, LA
Member since Aug 2022
1677 posts
Posted on 9/14/23 at 11:34 pm to
It's weird that they're called Miranda rights. Why not use a cooler name, like Denise or Trisha?
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