Wednesday, November 13, 2013

Back to the "Don't talk to the police" matter

From over at Sipsey:
A friend sent me the following links that were posted on the NFAOA "Resources" page several years ago along with this comment:
(I)t is worth resurrecting for a number of reasons. I think the most salient derives from the 2010 article that I've attached, where folks get on lists via (data mining) and classified more or less as criminals without reasonable suspicion being established. Another reason is the profound political discomfort that has resulted from Edward Snowden's disclosures about the extent of domestic spying by the NFA--the fact that the Congress was not aware or read into some of the activities is having repercussions. The reason is that the misuse of "mined" data is a widespread hazard that potentially impacts millions of law-abiding people.
I am taking the time to send you this video AND the attached article, because the latter is highly relevant in view of the Snowden disclosures, and the former is one of the most unusual pieces of work that I have ever seen regarding the issue of talking with the police. Possibly the attorneys on this message won't be surprised by the disclosures in the video, I'm not sure; however, I think they are worth passing along. All this stuff is in the public domain, so feel free to share. And with respect, the video is will worth taking a few minutes to watch.
Introduction from the NFAOA page:
Talking to the Police by Professor James Duane
It is well known that virtually all attorneys will advise their clients not to talk to the police, but it is rare to hear detailed, lengthy explanations why this is advisable by an attorney, and even rare to hear it from a police officer. In this taped video presentation, both a licensed attorney and a sworn police officer discuss why talking with the police isn't advisable, even for people who are wholly innocent of a crime which they may be suspected of committing. This video discusses how the police will seize upon a minor discrepancy or circumstantial fact unrelated to a crime, to ensnare an innocent person into a situation in which the police are able to create doubt of innocence. In these circumstances, the police are not your friend; they want to solve a crime. Anybody who has spent any time (for example) reading the hundreds of analyses of firearms cases by James Bardwell cannot help but be struck by the significant number of times that at the time ATF first approached the now-convicted defendant, the now-convicted defendant didn't have a legal problem. What happened is that the now-convicted defendant couldn't keep his mouth shut and talked himself into a violation of the law.


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