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

Posted on 9/14/23 at 7:19 pm
Posted by jlovel7
Louisiana
Member since Aug 2014
21305 posts
Posted on 9/14/23 at 7:19 pm
Maybe this belongs on the MTV board but it seems like almost every crime show depends on totally ignoring having an attorney present when doing interrogation scenes.

Do lots of people actually willingly talk to cops without one? Is this just a massive fib Hollywood always has to use to make the stories work and have interesting interrogations?
Posted by Jones
Member since Oct 2005
90447 posts
Posted on 9/14/23 at 7:21 pm to
quote:

Do lots of people actually willingly talk to cops without one?


Yes. Criminals for the most part are idiots and gladly incriminate themselves without much help from authorities
Posted by dakarx
Member since Sep 2018
6824 posts
Posted on 9/14/23 at 7:21 pm to
The number of people that believe cops are talking to them to actually help them is astounding.
Posted by No Colors
Sandbar
Member since Sep 2010
10342 posts
Posted on 9/14/23 at 7:21 pm to
Cops can ask any question they want, whether a lawyer is present or not.

The subject of those questions is of course free to keep his mouth shut.
Posted by Tiger Prawn
Member since Dec 2016
21856 posts
Posted on 9/14/23 at 7:22 pm to
quote:

Is there any scenario where cops legally can question someone without a lawyer?
Yes, if the person agrees to answer their questions without having a lawyer present.

quote:

Do lots of people actually willingly talk to cops without one?
The types of people committing crimes are usually idiots, so yes
Posted by Jcorye1
Tom Brady = GoAT
Member since Dec 2007
71343 posts
Posted on 9/14/23 at 7:22 pm to
Define cops. FBI and other 3 letter agencies scoff at the Bill of Rights.
This post was edited on 9/14/23 at 7:23 pm
Posted by SloaneRanger
Upper Hurstville
Member since Jan 2014
7636 posts
Posted on 9/14/23 at 7:25 pm to
Only if you are dumb enough to do it. You always have the right to remain silent.
Posted by lnomm34
Louisiana
Member since Oct 2009
12605 posts
Posted on 9/14/23 at 7:25 pm to
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.
Posted by lepdagod
Baton Rouge
Member since Jan 2015
3377 posts
Posted on 9/14/23 at 7:25 pm to
quote:

FBI and other 3 letter agencies scoff at the 5th.


Yep… you can lie to your local police all you want the interrogation room… you can never lie to the FBI without charges if they find out
This post was edited on 9/14/23 at 9:46 pm
Posted by LegendInMyMind
Member since Apr 2019
53625 posts
Posted on 9/14/23 at 7:25 pm to
quote:

Do lots of people actually willingly talk to cops without one?

Yes. The number of people who don't know when to shut the hell up and ask for a lawyer is astonishing. Just. Shut. Up.

And it is the responsibility of the person being questioned to request a lawyer, even after they have been mirandized.
This post was edited on 9/14/23 at 7:27 pm
Posted by MoarKilometers
Member since Apr 2015
17882 posts
Posted on 9/14/23 at 7:26 pm to
Yeah, anyone who doesn't invoke their right to counsel can be questioned.
Posted by BeerMoney
Baton Rouge
Member since Jul 2012
8367 posts
Posted on 9/14/23 at 7:26 pm to
As a regular citizen who never interacts with cops, You’d think they we’re actually protecting and serving. Not framing people.
Posted by Deplorableinohio
Member since Dec 2018
5539 posts
Posted on 9/14/23 at 7:26 pm to
Never talk to police or anyone from government, including fbi.

Not without a warrant or subpoena, and then only with a lawyer.

Do you know why I stopped you? No? How fast were you going? That’s your job. You have radar. Do your job. Write a ticket or let me go.

Btw. When was the last time your radar was calibrated? When we’re you last trained on it?

Effin morons.
Posted by LegendInMyMind
Member since Apr 2019
53625 posts
Posted on 9/14/23 at 7:29 pm to
quote:

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.

That's why you just never start talking.
Posted by IT_Dawg
Georgia
Member since Oct 2012
21738 posts
Posted on 9/14/23 at 7:29 pm to
quote:

Do lots of people actually willingly talk to cops without one? Is this just a massive fib Hollywood always has to use to make the stories work and have interesting interrogations?


Happens more in real life than in Hollywood honestly. Most people think they can lie or talk their way out of something. People that commit a crime, also (ignorantly) believe that cops will think they are innocent if they don’t cry our lawyer.

Never, EVER speak to police or authorities about a serious crime without a lawyer, regardless of guilt.
Posted by baseballmind1212
Missouri City
Member since Feb 2011
3252 posts
Posted on 9/14/23 at 7:31 pm to
quote:

Btw. When was the last time your radar was calibrated? When we’re you last trained on it?


This. I'm all for being polite and cooperating. However, if you want to know a cops true colors, start asking follow up questions in a traffic stop. They almost always escalate the situation.
Posted by AubieinNC2009
Mountain NC
Member since Dec 2018
4911 posts
Posted on 9/14/23 at 7:46 pm to
quote:

Do lots of people actually willingly talk to cops without one
]

Yes cops will do anything they can to make you talk. Most fall for the "why do you need a lawyer if you are innocent"

Only two things you should ever tell a cop is
1- I invoke the right to remain slient
2- I want to speak to a lawyer
Posted by CaptainsWafer
TD Platinum Member
Member since Feb 2006
58310 posts
Posted on 9/14/23 at 7:47 pm to
quote:

Maybe this belongs on the MTV board but it seems like almost every crime show depends on totally ignoring having an attorney present when doing interrogation scenes.


My wife (no pics) watches Snapped and virtually everyone they ask to question goes willingly without an attorney. I think most folks believe they’re smarter than they actually are and think they can talk their way out of whatever the cops are asking.

I think you’re also assuming everyone questioned is under arrest. If you’re arrested you’re supposed to me Mirandized, but if they ask you to come in and answer questions to assist an investigation that’s on you to decline or bring an attorney.
This post was edited on 9/14/23 at 7:48 pm
Posted by tgrbaitn08
Member since Dec 2007
146214 posts
Posted on 9/14/23 at 7:48 pm to
You have the right to remain silent
Posted by TROLA
BATON ROUGE
Member since Apr 2004
12299 posts
Posted on 9/14/23 at 8:03 pm to
They can question you, lie to you, deceive you without an attorney unless you’re a minor or mentally unable…. But we hold the ultimate trump card in the 5th amendment

I’m sure there some weird situations that make things very grey
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