mbrown@tonic.osf.org (Mark Brown) (09/24/90)
[This thread on "what to do when the cops show up" has been cross-posted to misc.legal for your convenience...] brad@looking.on.ca (Brad Templeton) writes: |> Actually, some good simple rules that apply to any adversary or |> investigator (press or police) are: |> a) Don't talk if you have any reason to believe that they *think* or |> suspect you of any wrongdoing. (Wrongdoing by their definitions, not yours.) Best advice. *NEVER* volunteer *ANYTHING*. When they show up, you'll probably be under stress -- and your mistakes will count against you. Get A Lawyer. |> b) If you must talk, *ask* questions, do not anwer. And take care to make |> sure your own questions do not contain answers. If you remember to always |> ask a question, you put them on the defensive and confuse them, because they |> think they are there to ask the questions. They may not be fazed, but |> sometimes this is more fun than "no comment." This won't last long; they think they are there to ask the questions and will usually enforce this concept. This might work if you are not a suspect. |> c) Be "fully" cooperative, but insist that everything take place in writing. |> Say, "If you would be prepared to give a *complete* list of your questions |> in writing, I will give them due consideration." This makes them stop and This will only work if you are not a suspect. |> d) If you can slow it down, slow it down. Using writing is just one example |> of this. Slowing it down is almost always in your advantage, and not in |> theirs. 'sTruth. |> e) Scare 'em. It may not work, but tell them you are turning on your |> camcorder or tape recorder while they do what they do -- for your records. |> It may have no weight in evidence, and they may tell you to shut it down |> (legally or not) but it will scare 'em. And it looks bad if they refuse |> you your right to document events. These guys live by documentation and |> paperwork. But they don't like it if they are stepping over the line. This will not happen, if you are a suspect. |> And of course, if you think you are in serious shit, call your lawyer. Ask |> if you are under arrest, and under what charge. If you are under arrest, you |> have a right to call a lawyer (eventually). If you are not, you are free |> to call a lawyer. Once again, the best advice. I write this from experience, having had friends arrested in the past. The locale at the time was Odessa, TX; your mileage may vary. Mark Brown IBM AWD / OSF |"What would I have done if I had been editor? The Good mbrown@osf.org |Perhaps, like George Ernsberger, I would have The Bad uunet!osf!mbrown|found a new job." The Ugly (617) 621-8981 | -- Norman Spinrad, on HYPERION
paul@uxc.cso.uiuc.edu (Paul Pomes - UofIllinois CSO) (09/24/90)
The first thing to do when talking with the police/SS/etc, is DON'T LET
THEM INTO THE HOUSE! Do your talking on the porch, sidewalk, their office,
etc. The SC has held that once the police are in your home, they are free
to walk through the house. Bring a lawyer if the questions are questionable
(so to speak).
/pbp
--
Paul Pomes
UUCP: {att,iuvax,uunet}!uiucuxc!paul Internet, BITNET: paul@uxc.cso.uiuc.edu
US Mail: UofIllinois, CSO, 1304 W Springfield Ave, Urbana, IL 61801-2910