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

Posted on 9/14/23 at 11:41 pm to
Posted by TutHillTiger
Mississippi Alabama
Member since Sep 2010
43700 posts
Posted on 9/14/23 at 11:41 pm to
Yes when u let them
Posted by IAmNERD
Member since May 2017
19245 posts
Posted on 9/14/23 at 11:57 pm to
quote:

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

Go watch a few episodes of "The First 48" and you will be amazed at how many of these dumbasses talk to the police. The majority of them either end up confessing, or start talking and can't keep their lies straight and ask for an attorney after it's too late and they've already incriminate themselves. And these are murder suspects.

Like others said, criminals are usually pretty fricking stupid.
Posted by killedbyindians
Earth
Member since Jun 2022
1172 posts
Posted on 9/15/23 at 12:04 am to
Never understood why anyone would talk to the police. Cops won’t talk to cops without representation so why should I.
Posted by Mid Iowa Tiger
Undisclosed Secure Location
Member since Feb 2008
18668 posts
Posted on 9/15/23 at 12:44 am to
Yes. Cops can and will casually question you as long as they can without you “clearly” asking for a lawyer.

Remember “anything you say can and will be used against you” nothing will be used to help you. Say nothing to the police, ever.
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
27071 posts
Posted on 9/15/23 at 7:04 am to
quote:

Yeah but stupidly enough you better invoke it verbally, because cops have used silence as evidence of guilt and courts have supported it.


Because of terrible jurisprudence on the subject, I no longer advise people to invoke the right to remain silent. Invoke your right to counsel. Much better jurisprudence surrounding that.
Posted by deltaland
Member since Mar 2011
90635 posts
Posted on 9/15/23 at 7:55 am to
They can legally question you at any time but it’s your right to refuse to answer them until an attorney is present.

Fifth amendment gives you the right to not answer anything ever even in court and leave it up to the prosecution to prove you’re guilty
Posted by Cajun367
S. Louisiana
Member since Oct 2017
1928 posts
Posted on 9/15/23 at 8:09 am to
Used to be in LE. Majority of that time was in investigations. However my most embarrassing/funny memory surrounding the Miranda warnings is this one. Way back up during my first days "on the road". I'm fresh out the academy and the leather on my boots isn't even wrinkled. Guy gets put in handcuffs by my training officer. He looks at me and tells me to read the guy his rights and walks away. I freeze. Those few sentences erased from my mind. I look at this guy serious as shite and ask "You watch COPS?" He confirms that he does. I said, "well then you know your rights then". He says "yep, I do". I nod and don't even think to ask him anything else. A few minutes later, he is released and I promise you after that I made sure I could say that shite up, down and sideways at the drop of a hat.
This post was edited on 9/15/23 at 8:11 am
Posted by GeauxTigerTM
Member since Sep 2006
30596 posts
Posted on 9/15/23 at 8:49 am to
quote:

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


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