Not sure about a new video of James Duane, but there’s a relatively recent write-up[0].
His advice generally stands, but with caveats:
— To prevent invoking the 5th from seeming as admission of guilt to jurors and to the public, it may be safer to invoke the right to counsel instead and refuse to talk without your lawyer present.
— In case of traffic stops invoking the 5th may be overkill and polite talk may be productive, unless body or car search (or canine sniffing) is involved.
> — In case of traffic stops invoking the 5th may be overkill and polite talk may be productive, unless body or car search (or canine sniffing) is involved.
Agreed.
Being polite is 100% the way to go, even if the officer is being a jerk. Many of them want to get a reaction out of you. Best thing to do is to roll down your window all the way, turn the lights on in the car, keep your hands on the steering wheel, and always use sir or ma'am when responding to them. Ask for permission to do anything. I've had good luck being polite and pleading either ignorance or stupidness, depending on what the violation is. Generally, never argue, and just challenge the violation in court. If its bad, get a lawyer specializing in traffic violations. If its minor, calling the officer and trying to set up a face-to-face meeting to ask if there is anything he can do to minimize the points to avoid any insurance increases has worked for me many times. If you never get a hold of the officer, getting to your hearing early to speak with the him/her (politely) has worked for me as well. The rule of thumb is always be polite.
If you are getting arrested, be polite and keep your mouth shut and get a lawyer when you can.
Note, I don't have much sympathy for anyone who truly drives like a a-hole for no reason. But some of us have cars that are fun to drive, when the time is right of course.
Note: Be very careful /how/ you invoke your right to counsel in the US:
> And when a suspect in an interrogation told detectives to "just give me a lawyer dog," the Louisiana Supreme Court ruled that the suspect was, in fact, asking for a "lawyer dog," and not invoking his constitutional right to counsel.
This is roughly where I stand on it. Don't volunteer information to the police, but the original advice of basically yelling "AM I BEING DETAINED?!?" when the cop says "Hi" in passing on the street is only going to draw unwanted police attention to yourself.
goblin89|6 years ago
His advice generally stands, but with caveats:
— To prevent invoking the 5th from seeming as admission of guilt to jurors and to the public, it may be safer to invoke the right to counsel instead and refuse to talk without your lawyer present.
— In case of traffic stops invoking the 5th may be overkill and polite talk may be productive, unless body or car search (or canine sniffing) is involved.
[0] https://www.wglt.org/post/when-not-talk-police
philg_jr|6 years ago
Agreed.
Being polite is 100% the way to go, even if the officer is being a jerk. Many of them want to get a reaction out of you. Best thing to do is to roll down your window all the way, turn the lights on in the car, keep your hands on the steering wheel, and always use sir or ma'am when responding to them. Ask for permission to do anything. I've had good luck being polite and pleading either ignorance or stupidness, depending on what the violation is. Generally, never argue, and just challenge the violation in court. If its bad, get a lawyer specializing in traffic violations. If its minor, calling the officer and trying to set up a face-to-face meeting to ask if there is anything he can do to minimize the points to avoid any insurance increases has worked for me many times. If you never get a hold of the officer, getting to your hearing early to speak with the him/her (politely) has worked for me as well. The rule of thumb is always be polite.
If you are getting arrested, be polite and keep your mouth shut and get a lawyer when you can.
Note, I don't have much sympathy for anyone who truly drives like a a-hole for no reason. But some of us have cars that are fun to drive, when the time is right of course.
IANAL, obviously, just my experience.
bad-joke|6 years ago
> And when a suspect in an interrogation told detectives to "just give me a lawyer dog," the Louisiana Supreme Court ruled that the suspect was, in fact, asking for a "lawyer dog," and not invoking his constitutional right to counsel.
https://www.washingtonpost.com/news/true-crime/wp/2017/11/02...
jandrese|6 years ago
unknown|6 years ago
[deleted]
mkl|6 years ago
It's from last year, and the description suggests it's not like you are saying. (I haven't watched it; it's an hour and a half long.)
wusel|6 years ago
PopeDotNinja|6 years ago