[comp.org.eff.news] What should be done with the cops come a'knockin at the door?

brad@looking.on.ca (Brad Templeton) (09/24/90)

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.)

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."

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
think.  (With the press, it also can add a delay which makes them go away.
If they insist on speed, tell them to fax the questions.  You are under
no obligation to fax the answers back, even if you do answer.)   In this
situation, you can't be accused of refusing to comment.   You are just being
careful and getting documentation -- an admirable trait.

Get a complete list of questions -- make them understand they don't get to
ask any more -- that way you can sometimes figure their intent.

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.

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.

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.
-- 
Brad Templeton, ClariNet Communications Corp. -- Waterloo, Ontario 519/884-7473

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