Don't Talk to the Police - 5th Amendment Explained

As a former police officer, I can say that it was very aggravating to not have people answer questions, and we relied heavily on people not knowing their rights and volunteering info. However, people do need to know their rights - it's their job to know their rights, not mine to tell them to them.  I can tell you that the police aren't your friend.  The officer may be nice, but there are forces operating behind him as a part of an entire machine which means his loyalty is going to be to himself and to his career rather than the public.  If you're willing to risk your life by "cooperating" then by all means.  But I can tell you, the powers of the police are quite limited when individuals know their rights.  They aren't even required to answer a question "have you been drinking?"  That's the 5th amendment right there.  Unless you're charged and have waived the right to remain silent and are under subpoena, you aren't required to talk.

This applies to the IRS and all other government agencies.  The burden of proof is on the prosecution for them to find a crime, not yours to convict yourself.

There came a time when I was investigated and charged with a crime in the discharge of my duties.  I was exonerated ultimately - but when I was charged and my rights were read to me, I was told "You have the right to remain silent, anything you say can and will be used against you....you have the right to an attorney....you have the right to terminate this interview at any time for any reason."  I then acknowledged my rights and then said "I am remaining silent, I want an attorney and I'm terminating this interview."

I then got a call from the chief of police telling me "You're making yourself look pretty bad by not cooperating with the investigation."  I actually started yelling at the chief of police, "CHIEF! I already look pretty damned bad!  We've got $45,000 dollars worth of property destroyed!  Now  I'm either coming out of this looking bad and smelling like a bed of roses or I'm going down!  Now if they aren't my rights, don't give them to me, otherwise I'm going to invoke my rights!"

I did go talk to the attorney who walked through some questions and told me to relax, he'd have me out of the mess in no time. And he did.  I fell in love with attorney's at this point.  I really was a victim of circumstance but I did get cleared of everything....barely.

At any rate, I'd been through a few thousand of these interviews and interrogations and I knew how they worked and I wasn't going to become prey to them.  And so - looking good for a short time to make everyone happy?  I guarantee you, the police don't give a darn whether you're nice or not.  Going back up above - the whole operation is much bigger than they are and there's forces at work that they can't stop and they have to protect themselves as well.  You think a cop is going to lie for you because they like you?  If they are willing to lie on one thing they are willing to lie on another and ultimately - it's your responsibility to look out for yourself.

Best to invoke your rights.  



Blog Archive