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- Don't Talk to Cops
-
- by
-
- Robert W. Zeuner
- Member of the New York State Bar
-
- ===========================================================================
- Typed by: The Mad Alchemist|Lunatic Labs BBS 415-278-7421 1200/2400
- Re-typed and spelling checked by Richard M. Bash of Combat Arms, 2869 Grove
- Way, Castro Valley, California 94546, Telephone (415) 538-6544.
- ===========================================================================
-
-
- "GOOD MORNING! My name is investigator Holmes. Do you mind answering a
- few simple questions?" If you open your door one day and are greeted with
- those words, STOP AND THINK! Whether it is the local police or the FBI at
- your door, you have certain legal rights of which you ought to be aware
- before you proceed any further.
-
- In the first place, when law enforcement authorities come to see you,
- there are no "simple questions". Unless they are investigating a traffic
- accident, you can be sure that they want information about somebody. And
- that somebody may be you!
-
- Rule number one to remember when confronted by the authorities is that
- there is no law requiring you to talk with the police, the FBI, or the
- representative of any other investigative agency. Even the simplest
- questions may be loaded and the seemingly harmless bits of information
- which you volunteer may later become vital links in a chain of
- circumstantial evidence against you or a friend.
-
- DO NOT INVITE THE INVESTIGATOR INTO YOUR HOME!
-
- Such an invitation not only gives him the opportunity to look around
- for clues to your lifestyle, friends, reading material, etc., but also
- tends to prolong the conversation. The longer the conversation, the more
- chance there is for a skill investigator to find out what he wants to know.
-
- Many times a police officer will ask you to accompany him to the
- police station to answer a few questions. In that case, simply thank him
- for the invitation and indicate that you are not disposed to accept it at
- this time. Often the authorities simply want to photograph a person for
- identification purposes, a procedure which is easily accomplished by
- placing him in a private room with a two-way mirror at the station, asking
- him a few innocent questions, and then releasing him.
-
- If the investigator becomes angry at your failure to cooperate and
- threatens you with arrest, stand firm. He cannot legally place you under
- arrest or enter your home without a warrant signed by a judge. If he
- indicates that he has such a warrant, ask to see it. A person under arrest,
- or located on premises to be searched, generally must be shown a warrant if
- he requests it and must be given to chance to read it.
-
- Without a warrant, an officer depends solely upon your helpfulness to
- obtain the information he wants. So, unless you are quite sure of yourself,
- don't be helpful!
-
- Probably the wisest approach to take to a persistent investigator is
- simply to say: "I'm quite busy now. If you have any questions that you feel
- I can answer, I'd be happy to listen to them in my lawyer's office.
- Goodbye!"
-
- Talk is cheap. When that talk involves the law enforcement
- authorities, it may cost you, or someone close to you, dearly.
- ===========================================================================
- This info came from a leaflet that was printed as a public service by
- individuals concerned with the role of authoritarianism and police power in
- our society. Please feel free to copy or republish.
-
- This info also applies to dealing with private investigators, and
- corporate security agents.
-
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