this post was submitted on 24 May 2024
141 points (99.3% liked)

United States | News & Politics

7179 readers
512 users here now

founded 4 years ago
MODERATORS
 

This story is horrific.

you are viewing a single comment's thread
view the rest of the comments
[โ€“] [email protected] 21 points 5 months ago* (last edited 5 months ago) (2 children)

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.

[โ€“] [email protected] 14 points 5 months ago* (last edited 5 months ago) (1 children)

The script needs to be taught vigorously:

  1. Am I free to go [am I being detained]?
  2. [If not free to go] I want to speak to a lawyer [even if you've got your "free call to lawyer]

๐Ÿ”ƒ Rinse 'n repeat. Never say anything else

[โ€“] [email protected] 4 points 5 months ago* (last edited 5 months ago)

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.