Speaking to the police after discharging your weapon.

sirrduke2010

Member
Joined
Jul 6, 2011
Messages
163
Reaction score
35
I am not an attorney so I can't give legal advice. The use of what I have stated should be used at your own risk.
When you use self defense it is like opening a hornets nest. One ill conceived notion or mis-spoken thought could land you in jail. One you say something to the police these words become carved in stone. I hear the bad of not speaking to the police and the good. The questions you have to ask yourself are the following:
1. Do I wait for an attorney before I speak or do I talk to the police.
2. There is a saying and that is don't volunteer any information.
3. The problem of not talking to the police is you could be arrested, pertinent witnesses could be lost, essential evidence to your case could be stolen, etc.
4. Of course if you say the wrong things you could be arrested as well.
5. My guideline to talking to the police is: be honest, don't lie, tell what happened without any additional adjectives, adjectives can imply a different motive than intended, tell them it was self defense, and how the attacker posed a threat. Don't embellish or exaggerate the story.
2 different ways to describe an attack with difference inferences.
I saw this person pull out a knife and walk toward me. He was yelling he was going to kill me. I pulled out my gun and shot him because I thought he was going to kill me.
versus
I saw this piece of white trash pull out with a gigantic blade stomp toward me. He was yelling threats at me, he insulted me by saying I was chicken. He told me he didn't think I had the guts to shoot him. I thought that I would put a couple of holes in the punk for making those statements. Nobody is going to talk to me that way and walk out alive.

If you look at both statements one infers strictly self defense and the other implies you were seeking revenge for what someone said. If the person is killed or injured they would arrest you for using a gun because it didn't sound like strictly self defense. Eliminate the prejudicial statements, the statements of anger, the inclusion of a challenge, etc. I found the use of emotive words can imply a whole different meaning.

Keep statement short, direct, and to the point. After giving a statement you can say you want to speak to an attorney before anything else is said. Many attorneys will say if you are being arrested not to talk to the police and to request an attorney first.
 
Register to hide this ad
I know you had good intentions in posting this, but it could have been said much more concisely. Your title is misleading also, based on the post content.

If involved in a shooting situation, whether you believe it to be self-defense or not, you will be considered a criminal suspect until such time as the investigation concludes differently. You are not out of jeopardy until such time as there has been a determination by the County/District Attorney, or a competent court, that your actions were legitimate self-defense!

In short, do not make any statement to Law Enforcement without first having conferred with a competent criminal attorney, and he is present during any interrogation. No exceptions.

This is given as a retired law enforcement officer with 21 years in all divisions.
 
In short, do not make any statement to Law Enforcement without first having conferred with a competent criminal attorney, and he is present during any interrogation. No exceptions.

End of story...perfect. I would add, if you know in your heart it was not self defense on your part, you are in a world of ****, and the authorities will know during the course of the investigation.
 
Had a shooting here a couple of years ago that appeared to be self defense. I told the shooter the best thing he could do is keep his yap shut, not talk to anyone until meeting with his attorney. I new the guy and, as I was on the scene by myself, isolated him in the back of my patrol car while dealing with the rest of the situation. He was not under arrest and knew that. The night was warm and the car windows were down. Next thing I know there's a crowd around the car and he's yammering on and on to anybody that would listen. I warned him again saying, "these people you think are your friends are soon going to be the witnesses against you". When the state patrol investigator showed up this idiot gave a statement for about two hours and ended up talking himself right into jail. Later, at the trial, where he's found not guilty, he comes up to me and says he wished he had listened that night and kept his mouth shut.

It's generally accepted that you need to give a very short statement, something like, "he came at me with a knife and I, being in fear for my life, shot him". That's it. Nothing more to anyone until talking to your attorney.
 
I would follow the advice of my attorney, which also happens to coincide with what Mas Ayoob has mentioned before. The extent of contact you have with investigators immediately after a defensive shooting should be limited to:

1. Making the statement, “This person attacked me and I will sign a complaint”.

2. As briefly as possible, pointing out any evidence or witnesses at the scene before they have a chance to “disappear”.

3. Informing the police that they will receive your cooperation with the investigation AFTER you have had a chance to speak with your legal counsel.

4. Invoking your 5th Amendment rights and politely refusing to answer any additional questions or make any further statements.
 
No statements should ever be made to the police, ever. There is no risk of being arrested for not talking to the police. However, it is likely to be arrested for being a "suspect." The police cannot testify to exculpatory evidence in a trial (evidence that shows you are not a criminal). Here is a youtube link to a lecture that every American should know.. not just those that carry weapons to defend themselves.

‪Don't Talk to Cops, Part 1‬‏ - YouTube

Educate yourself on your rights, then make a decision. The smart decision is not to say a word. Furthermore, no half decent attorney would EVER permit a client to be "interviewed" by the police without full immunity, which is very very rare. Watch the video and learn...
 
Anything you say can be used AGAINST you in court. Nothing you say can be used FOR you in court.

Pretty easy to figure out the best move.
 
No statements should ever be made to the police, ever.....<snip>

I, several competent attorneys I've talked to, as well as some pretty well known expert witnesses, disagree with you. Evidence and witnesses both have a way of "disappearing" from a incident scene. To quickly point them out is a prudent idea and in fact may be the only thing that later corroborates your claim to self defense. This becomes especially important once you consider that the claim of self defense is generally an affirmative defense.

Other than that, a simple statement that you will provide your cooperation after you've been instructed to by your attorney, and then invoking your 5th Amendment rights, should be the extent of your communication with the police after a defensive encounter.
 
I disagree that the police can not testify to exculpatory evidence. I have on several occassions. My job as a cop was to gather evidence, good bad or otherwise. If I had evidence showing innocence I made sure to inculde it and I have testified to it. I had one slimy prosecutor, try to keep out evidence of self defense once, but the accused attorney found it out during the discovery process because I refused to lie or cover it up.. the prosecutor was furious with me and said I did not need to reveal that information. I told him he could kiss something.....the defendant was found not guilty... That call was up to the jury...not me, not the prosecutor.. It was my arrest too.....I had no problem with putting in the exculpatory evidence. It mattered not to me if I believed it, it mattered that I found it and did not supress it. Did the jury get it right? I dont know, but I sleep well at night knowing I did my job.
 
WOW! You are absolutely and totally incorrect in this statement. :(

In fact, exculpatory evidence MUST be presented.

Don't know where you got this patently false info but suggest you reconsider your "source(s.)"

Be safe.

...The police cannot testify to exculpatory evidence in a trial (evidence that shows you are not a criminal)...
 
Bottom line is you give a very brief statement like was mentioned "He came at me with a knife and I was forced to defend myself". Point out any witnesses and then wait for legal counsel. It is also not a bad idea to ask for medical attention. For officer involved shootings it is not uncommon for the statement to come 1-2 days later after the officer has had a chance to confer with counsel and union rep.
 
Like diarrhea, once the yapping starts, it's hard to stop it. Your best bet is to not say anything. Hopefully, you are the one that called 911 and told them you defended yourself against deadly force and need police and an ambulance. It's recorded and there's nothing else that needs to be said by you at that time.
 
Exactly.

It's a lot easier to say nothing than try and carefully control your every word after an extremely stressful event.
 
"hello 9-1-1, there has been a shooting, send an ambulance and the police." "are you the shooter" ...."I am armed, I am wearing a blue shirt, please tell the officers not to shoot me, i pose no threat to them and will give them the weapon once on scene." Are you involved? "sorry I cant talk, please hurry..."
rvu
You will be cuffed and maybe arrested. The cops can interview other witnesses. Tell the cops you are very upset, (it wont be a lie) you need medical attention, your nerves are frayed, your ,. blood pressure is up....you'll talk later after seeking medical attention and an attornry.

KEEP YOUR MUTH SHUT.......EVEN COPS DONT MAKE STATEMENTS AFTER SHOOTINGS....SHUT UP YOU ARE YOUR WORST ENEMY AND SO IS YOUR MOUTH...
 
Do not make any statments to the police,except Officer I want to cooperate and I will but I want to talk to my Attorney first. You will be arrested. Your Attorney will handle that. The police are not your friend in this case. It is their job to make a case against you and file it. Keep your mouth shut, no matter what, until you talk to your attorney! Tweny five years as a Police Officer now retired.
 
I heard it was a good idea to ask for medical attention because it is better for you to be seen in the back of an ambulance than the back of a squad car....
 
One Statement

Say to the police: "I was in fear for my life."

And shut up!!!!
 
Bottom line is you give a very brief statement like was mentioned "He came at me with a knife and I was forced to defend myself". Point out any witnesses and then wait for legal counsel. It is also not a bad idea to ask for medical attention. For officer involved shootings it is not uncommon for the statement to come 1-2 days later after the officer has had a chance to confer with counsel and union rep.


This is very good advice. As a retired LEO myself who was involved in shootings as an LEO I would almost certainly ask for an EMT unit to take me to hospital for a checkup since I was so upset over this incident. I would assure the responding officers that I wished to cooperate in every way possible, and would...but except for that initial statement, my lawyer would be present for the rest of the cooperation.

Ask any good criminal attorney (oxymoron, I know:-) and they will tell you that 90% of their clients convict themselves before they arrive, and that will be after the attorney tells them to keep their mouth shut.
 
BAD INFORMATION BEING POSTED

Wow, there is so much bad information in this thread that it boggles my mind.

One poster wrote the police "cannot testify to exculpatory evidence." That is totally false.

Another wrote "...it is their (the police) job to make a case against you and file it." Again, that is not correct in any way...except if you are, in fact, the bad guy. It is the job of the police to investigate a criminal incident and discern the facts.

Another states "you will be arrested." Again, that is NOT always the case.

I do not understand why folks post stuff that is simply not true. :mad:

Now, for a fact, I was never involved in a case in which a good guy SHOT a bad guy. (Except shootings by the police.) The shootings in which I was involved (there were many) always were perpetrated by a criminal(s.)

Now, as an example of a use of force by a person in the right, I was involved in the investigation of an assault in which two (2) thugs assaulted another driver in the course of a road rage incident. The driver who was initially assaulted literally beat his assailants senseless, and they were hospitalized. Had the person initiated the assault, he would have been arrested/charged. As he was the initial victim, he was free to go after making his statements...and after confirming witness accounts.

That, in a nutshell, essentially refutes the false statements offered by some posters.

Be safe.
 
Back
Top