this post was submitted on 24 May 2024
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United States | News & Politics
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Remember in many countries you have the right to legal counsel and to have them present during any questioning. Getting said counsel should be a priority if you find yourself in a police station. Be respectful but clear from the start that you aren't discussing your day until the lawyer/attorney is present.
This story is exactly why people need to be educated about their rights. If this poor guy had asked for an attorney the cops would have had to stop the interview immediately until one was present. I imagine once they resumed the question it would have gone differently with a legal professional in the room.
The script needs to be taught vigorously:
๐ Rinse 'n repeat. Never say anything else
You also have to vocally state that you are invoking your right to remain silent. Just remaining silent is apparently not enough.
Additionally, the request for a lawyer must be unequivocal. Not "I think I need a lawyer," as much as any reasonable person would consider that as a request for a lawyer. McDaniel, the guy in the linked case got railroaded after saying that he thinks he would rather have a lawyer there to speak for him, and the claim that the questioning should have stopped was dismissed because he hadn't requested a lawyer, only that he thought he needed a lawyer.
Judges bend over backwards to let police mess with our rights, so clarity and assertiveness are a must.
Yeah but then they got $900k, could an attorney have done that?
The dude tried to hang himself in duress. I really don't think this is the appropriate line of reasoning.
Fair point and you may be joking because it's a good question for that. If serious, I honestly don't know what the odds are in a gamble like that. Was he "lucky" or do most people the police abuse like this get big payouts? Is it worth forgoing legal counsel in the hopes that the police screw up in a manner that can be prosecuted into a payout?
If I knew I was going to get 900k I'd likely be willing to go through such a rough day, but those are quite the dice to roll in the moment methinks. If I ever end up in a police station my plan is to get counsel.