If you have a particular encounter with another citizen or LEO, post it here.
 #45681  by capnpirate
 
Boots wrote:
capnpirate wrote:... It isn't perjury until you're on the stand. ;) ....
Two comments.

1) Make absolutely double-dog-damn sure your use of a firearm was justified.

2) Never lie to a cop. Keep it short and stick to the truth. Any lie will destroy your credibility.
Please don't misunderstand me. I'm not advocating lying to the police. To be sure, it's already been proven time and time again that if you ever lie (as a civilian, mind you. If you're LEO...) that you're prison bound. I'm advocating only doing what is lawfully required of you and never admitting anything without prior advisory by an attorney.

Please, watch the following video for more clarification on what I mean:

 #45682  by Dr. Eastwood
 
Mr.Skellington wrote:I'm getting tired of stops without probable cause. But the worst part is being drawn down on.


I have a serious problem with being at gunpoint. Anyone's gun!

I can't come up with a good reason as to why an officer couldn't:
A. Have their pistol at low ready
B. Have gun holstered hand ready to draw
C. Drive on since they have no probable cause for a stop

Anyone of these would be better than being at gunpoint. I would like to know what the requirements or policy's for the presentation of lethal force is for NCCPD. This is :censored: and its getting out of hand. If the mere possession of a firearm is not enough to fulfill probable cause of a crime then it is absolutely not enough to justify drawing upon that same individual.
While it is overkill to have the gun drawn, if you're unsure about something or don't know how to handle something, you'd put it at the end of your gun rather than leave your life on the line wouldn't you? I'm not justifying this LEO's handling of the matter, it was pretty piss poor, but this is the chance to educate them on this kind of stuff. Maybe he's not used to it, he seemed to me to have a very poor preconceived notion of the idea. If he runs into more people OCing who are being respectful responsible citizens, it will certainly chip away at those notions.
 #45690  by Jeepflexin
 
Well handled Mr Eastwood, as gator said I think you have a legitimate complaint to lodge with NCCPD, based on your version of the story the stop could have been handled better by the officer. They should know by now that they need a better reason than you have a gun in order to stop and search you.

As far as the rest of the conversation I agree you better be very sure you need to shoot some one before you do but you are a fool if you talk to the police about it. Respectfully tell them you need your lawyer present before you can answer any question short of your name and anything required by law for you to say. The cop's job is to fish for information, especially conflicting information. Even stating the truth in the wrong way could incriminate you in some way, it is always safest to have these conversations through your lawyer. Failure to do so could result in a railroading by the justice system.

In the event that you are thrust into a criminal situation (whether as the victim, the criminal or even as a witness) it is always smart to lawyer up first to ensure your rights are not trampled. Yeah it is a shame that as a society this is what is best to do but there are plenty of cases where some one thought they were just being a good witness and ended up getting charged with something. Why take the chance?

If ever involved in a shooting or other traumatic incident seek help for those injured and then call your lawyer and do what he or she says.
 #45693  by GatorDude
 
So the bad advice does not get advanced any further...while you have a right to remain silent, if you remain silent regarding an affirmative defense to a crime, your silence can sometimes be used against you. Self-defense is an affirmative defense. If you do not make it known right away, at least in general terms that you acted in self-defense, the prosecution can use your silence to discredit your story and make it sound like you and your now-retained lawyer concocted the whole story.

Complete silence is not always golden. Please be very careful telling people to absolutely do or not do something. Nothing in this world, especially in law, is absolute.
Last edited by GatorDude on Wed Mar 02, 2011 10:51 am, edited 1 time in total.
 #45695  by SugarBoy13
 
GatorDude wrote:So the bad advice does not get advanced any further...while you have a right to remain silent, if you remain silent regarding an affirmative defense to a crime, your silence can be used against you. Self-defense is an affirmative defense. If you do not make it known right away, at least in general terms that you acted in self-defense, the prosecution can use your silence to discredit your story and make it sound like you and your now-retained lawyer concocted the whole story.

Complete silence is not always golden. Please be very careful telling people to absolutely do or not do something. Nothing in this world, especially in law, is absolute.
So, would it be best to mention briefly that it was self-defense and then STFU?
 #45697  by GatorDude
 
SugarBoy13 wrote:
GatorDude wrote:So the bad advice does not get advanced any further...while you have a right to remain silent, if you remain silent regarding an affirmative defense to a crime, your silence can be used against you. Self-defense is an affirmative defense. If you do not make it known right away, at least in general terms that you acted in self-defense, the prosecution can use your silence to discredit your story and make it sound like you and your now-retained lawyer concocted the whole story.

Complete silence is not always golden. Please be very careful telling people to absolutely do or not do something. Nothing in this world, especially in law, is absolute.
So, would it be best to mention briefly that it was self-defense and then STFU?
Generally, that's what you do. After all, you'd naturally be under a great amount of stress and perhaps not thinking completely straight after such an event and need some time to gather your thoughts and calm down a bit. Of course, you'd want to retain and consult with an attorney during your "calming down" period.
 #45698  by SugarBoy13
 
GatorDude wrote:
SugarBoy13 wrote:
GatorDude wrote:So the bad advice does not get advanced any further...while you have a right to remain silent, if you remain silent regarding an affirmative defense to a crime, your silence can be used against you. Self-defense is an affirmative defense. If you do not make it known right away, at least in general terms that you acted in self-defense, the prosecution can use your silence to discredit your story and make it sound like you and your now-retained lawyer concocted the whole story.

Complete silence is not always golden. Please be very careful telling people to absolutely do or not do something. Nothing in this world, especially in law, is absolute.
So, would it be best to mention briefly that it was self-defense and then STFU?
Generally, that's what you do. After all, you'd naturally be under a great amount of stress and perhaps not thinking completely straight after such an event and need some time to gather your thoughts and calm down a bit. Of course, you'd want to retain and consult with an attorney during your "calming down" period.
Got it... ;)

Oh, any news on the LAYWER deal? I need to have one in the queue, just in case...
 #45701  by Jeepflexin
 
GatorDude wrote:So the bad advice does not get advanced any further...while you have a right to remain silent, if you remain silent regarding an affirmative defense to a crime, your silence can sometimes be used against you. Self-defense is an affirmative defense. If you do not make it known right away, at least in general terms that you acted in self-defense, the prosecution can use your silence to discredit your story and make it sound like you and your now-retained lawyer concocted the whole story.

Complete silence is not always golden. Please be very careful telling people to absolutely do or not do something. Nothing in this world, especially in law, is absolute.
Thanks for clearing that up Gator! :D