“DO NOT TALK TO THE POLICE”
The Fifth Amendment: Quick guide for prior and current law enforcement as well as private citizens:
Keywords: Fifth Amendment, self-incrimination, your right to remain silent.
The Fifth Amendment Provides: “No person…shall be compelled in any criminal case to be a witness against himself/herself.” It is the law in the U.S. where you live.
The Point of the Fifth Amendment: Ohio v. Reiner, 532 U.S. 17, 20 (2001): “One of the Fifth Amendment’s basic functions it to protect innocent people who otherwise might be ensnared by ambiguous circumstances. Truthful responses of an innocent witness, as well as those of a wrongdoer, may provide the government with incriminating evidence from the speaker's own mouth.” The U.S. Supreme Court stated this. 353 U.S., at 421—422.
Chief Justice Warren offered this historical explanation for why the Fifth Amendment is designed precisely to protect the innocent from overzealous and unscrupulous accusers. Sound like anyone you know?
Ullman v. United States, 350 U.S. 422, 426 (1956): “Too many, even those who should be better advised, view this privilege as a shelter wrongdoers. They too readily assume that those who invoke it are either guilty of crime or commit perjury in claiming the privilege.
Probable Cause to Arrest: 51% likely the defendant committed the crime. To arrest a current or prior law enforcement, the percentage to arrest is that of reasonable suspicion at approximately 30%.
Prosecution: Cases with low conviction factors will most likely not move forward to court; however, any case involving current and/or prior law enforcement will move forward to charging regardless of the conviction factors.
Question 1: “The police are here. They want to talk to me. What should I do?”
Question 2: “The police called me and want to talk with me. Should I talk with them over the telephone?”
Answers: NO!!! U.S. Justice Robert Jackson: [A]ny lawyer worth his/her salt will tell the suspect in no uncertain terms to make no statement to the police under any circumstances.” (Watts v. Indiana, 338 U.S. 49.59. 1949.
Notes: There are over 10,000 Title 18 United State Criminal Codes and approximately 500 criminal RCW’s in Washington State. Do you know all these federal, state, city, and county criminal codes?
Miranda is required only when a person is the focus of the investigation, is in custody and being asked accusatorial questions. If you are called on your cell phone by the police, there is no need for the police to advise you of Miranda and any statements you make are admissible. They will either later visit your residence and arrest you or you will receive a subpoena in the mail to appear in court for criminal charges.
Why you should Not talk to the police:
1. There is no way it can help.
a. You can not talk your way out of getting arrested.
b. You can not give them any information that will help you at trial. See Federal Rule of Evidence 8019 (d) (2) (A).
c. What you tell the police is only admissible if it is offered against you by the prosecutor.
2. If you are guilty – and even if you are innocent – admitting anything has zero benefit in return.
3. Even if you are innocent and deny your guilt and mostly tells the truth, you can easily get carried away and tell some little lie or make a little mistake that will lead to charges against you.
4. Even if you are innocent and only tell the truth, you will always give the police some information that can be used to convict you.
5. Even if you are innocent and only tell the truth and do not tell the police anything incriminating, there is still a grave chance that your answers can be used to crucify you if the police do not recall your testimony with 100% accuracy.
6. Even if you are innocent and only tell the truth and do not tell the police anything incriminating and your statement is videotaped, your answers can be used to crucify you if the police do not recall the questions with 100% accuracy.
7. Even if you are innocent and only tell the truth and do not tell the police anything incriminating and the entire interview is videotaped, our answer can still be used against you if the police have any evidence, even mistaken or unreliable evidence that you told the police was false.
Every time you talk with the police you will regret it. Whether intentionally or accidently you tell a perceived lie to the police, you might be convicted of a crime and not the actual crime you were being investigated for. This is an old FBI and Justice Department tactic that county and law enforcement with the cooperation of prosecutors utilize.
This is the exact same method of operation for internal investigations within law enforcement from the smallest agencies to the largest. During their “Administrative Investigation” which they are required to advise you of your Garrity Rights (LE cannot be compelled, by the threat of serious discipline, to make statements that may be used in a subsequent criminal proceeding; second, an LE cannot be terminated for refusing to waive his Fifth Amendment right to remain silent.) and Weingarten rights (An employee's Weingarten rights only apply in certain workplace situations where: The employer is conducting an examination in connection with an investigation. The employee has an objectively reasonable belief that discipline could result.) The initial complaint of a specific policy violation is irrelevant, the objective of the agency is to sustain a dishonesty violation by the officer, which is a termination offense and no progressive discipline is needed. The consequences of the above are you will end up on the Brady list, revoked LE certification, unemployed and unemployable.
