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You Have the Right to Remain Innocent?
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He wrote a follow up book on this subject that basically says you can’t just not talk to police. You have to request a lawyer and only talk to police once your lawyer is present. If I remember correctly in the book he explains there have been some rulings that let them consider complete silence as admission of guilt. Been a while since I read it though so I’m sure I’m missing the nuance.
Edited to add the book https://www.amazon.com/You-Have-Right-Remain-Innocent/dp/1503933393/ref=nodl_
This guy has a book that expands on it more.
You Have the Right to Remain Innocent
You can't say "I think I need a lawyer," or "I don't talk to cops without a lawyer." Tell them to get you an attorney, in no uncertain terms. Do not deny the charges, or claim ignorance of any crime. Research your rights thoroughly.
You were formally charged, and then got to go home? That doesn't seem right. Usually once they formally charge you, they jail you.
It might not be as bad as you think.
I suggest reading the book You Have the Right to Remain Innocent.
fyi....just passing along something I've read: https://www.amazon.com/You-Have-Right-Remain-Innocent/dp/1503933393
You should NEVER talk to the police, especially federal agents.
You should not claim your right to remain silent, but instead exercise your right to a lawyer.
Demand gov't to provide written questions and only answer gov't in written statements
He wrote a book version of this talk a few years back.
It's a short book and a quick read, and goes into some of the changes in advice since that talk was published.
In particular, one of Scalia's last majority opinions before he died was a groundbreaking decision that invoking the 5th can be used against you: if you were previously cooperating and then decided to no longer cooperate, that decision can be used as evidence against you. Terrible, terrible decision, but it still stands.
Duane's new advice is "invoke the sixth."
Read the book.
>Courts have ruled that you must actually invoke your right.
It appears that SCOTUS also ruled that it can be held against you in court if you were not detained at the time.
The trick is to agree to answer all and every question and to cooperate fully, but only after your lawyer arrives. Once the lawyer arrives, it inevitably tells you to shut the fuck up. At which point you remain silent, but it's not your idea. If you could, you'd still cooperate fully. But oh well...
All according to James Duane
He also wrote a book where he went into the details, to the extent that those details somewhat contradict the original basic video. For example, taking the 5th might and will be used as incriminating evidence in court, and so on.
I'd strongly recommend reading the book before giving the advice to say "I have nothing illegal in the car"
Don't try it. It's apparently been gutted by the courts over the last few years, to the point that it's apparently not safe to use it. If your lawyer tells you to use it, then do what your lawyer says. But don't try to invoke it without a lawyer.
Instead you should say "I want my lawyer" then shut up.
Source: The book "You Have the Right to Remain Innocent" by James Duane. https://www.amazon.co.uk/dp/1503933393/
I’d be hesitant to go with “I don’t answer personal questions”… I’m not sure adding the qualifier of ‘personal’ is a great strategy. The advice I usually see to be more ‘polite’ is to say one will answer questions after speaking to their lawyer. Since no lawyer would tell their client to answer questions without their presence if at all it becomes in effect “I don’t answer questions”. Something like “I’d be happy to answer your questions after speaking to my attorney”.
As to why not add the ‘personal’ qualifier.. it is because what is a ‘personal question’ is a bit subjective and even if we went with things that most reasonable people agree aren’t personal, like a cop asking someone what day of the month it is, one can imagine scenarios where it could be used against them. For instance if someone doesn’t know the day of the month it could be used as evidence to infer someone was intoxicated or in certain frame of mind. Obviously would be with other factors a LEO can thread into a very carefully crafted story, which is their job and one they are much much much better at then you or I.
Definitely don’t take ‘not speaking to the police’ as remaining totally silent as that’s specifically not seen as someone retaining their rights against self-incrimination. Make a clear unambiguous statement about not answering questions.
I’d suggest anyone getting into the weeds like I’m doing read the book (pamphlet really) the guy on YouTube wrote after the popularity of the above video. He clarifies exactly what you want to do as simply as possible. “You Have the Right to Remain Innocent” (https://www.amazon.com/You-Have-Right-Remain-Innocent/dp/1503933393). There is some things that had subtly changed since that YT lecture. If anyone doesn’t have the six bucks for the ebook searching for the title on Google with pdf on the end turns it up.
Another great read is You Have the Right to Remain Innocent by James Duane. It details exactly why you shouldn't talk to cops and what you should say to claim the right to stay silent without it being held against you later. It details every dirty trick cops, detectives, prosecutors and lazy lawmakers use to put you in jail. Very eye opening and worth a read.
Tell your dumb, unemployable youtube ebegging friends that I will be happy to send this audiobook to them for free.
https://www.amazon.com/You-Have-Right-Remain-Innocent/dp/1503933393
It begins with not talking to police like they did in the video, you dumb fags. They're RETARDS and you bought their schtick, you dumb sucker.
James Duane has a great book called You Have the Right to Remain Innocent.
He's the man who was in that older viral video where he told his to never talk to the police and then had a retired police Chief come in for the lecture too and even that guy was like, "well, he's mostly right."
He graduated from Harvard Law School Magna Cum Laude, worked as a criminal defense attorney, then wrote the book while he was a law professor and is an expert in the 5th amendment, which deals with criminal law.
Like, if he's going to tell me talking to cops is a bad idea and can write an entire convincing book explaining why, I'm likely to believe him.
The TL;DW is this:
When stopped by police, of course comply with their orders to move yourself or your car. Be polite, don't antagonize them, etc. If driving, give over all documentation required (license, registration, insurance).
But other than that, do not volunteer ANY information, and in particular do not agree to any kind of search. The video walks through several scenarios (driving, walking, confronted at home by police who want to enter) and gives legally-tested language to use when refusing a search or when asking to be released.
Not in the video, but from Prof. James Duane's book _You Have the Right To Remain Innocent_, I would add the additional recommendations below.
Language is important, because police have claimed that they didn't understand what somebody meant when asserting their rights. The SCOTUS (thanks, Antonin "Police Bootlicker" Scalia, may you rest in hell) has backed the precedent that police can proceed with search or interrogation, and the results are legally admissible, if they plausibly assert that they didn't understand the person was asserting their rights.
So, if the police choose to interrogate you, Prof. Duane has recommended that you assert both your right to silence and your right to consultation with a lawyer, don't confuse the police with a bunch of chatter or conversation, and refuse to answer any police questions until a lawyer is present and representing you. A lawyer who will, if they have any sense at all, will tell you to refuse to answer questions and end the interview until they can consult with you and determine the correct path forward.
The "Don't Talk to the Police" guy wrote a follow-up book wherein he points out precedent indicating that even saying "I invoke my privilege against self-incrimination" or an equivalent ("I invoke the fifth," etc) can be used by prosecutors as evidence of there being something to incriminate yourself with, and that your saying anything like that can be brought up to jurors and then described as you indicating you had something to hide.
The dude's advice is to say "I want my attorney" and nothing else. No "I am invoking my right to silence," nothing like that. Simply an unambiguous "I want my attorney."
Or, like, you know. Read a book. Cops are retards who cannot be trusted to have your best interests at heart when they show up at your house. (Or, really, under any circumstances.)
Ten years after giving this talk the lawyer wrote a book, You Have the Right to Remain Innocent, that goes into more detail and updates the latest changes in the law.
It’s only six dollars on kindle and is a quick read. I would highly recommend this book to anybody interested in this topic. Really, I would recommend it even more if you think you aren’t interested.
this isn't about "ideals," not talking to cops is a pragmatic approach; it's not about arguing with cops, it's not about being impolite, it's not about "taking a stand"
you feel licking boots and prostrating yourself before the mercy of cops by incriminating yourself will, through the performance of your submission, get you out of minor traffic tickets
you don't have any data to support this, this is just your intuition you feel is correct
okay, good luck
edit: On a side note, I would recommend James Duane's short book You have the Right to be Remain Innocent and think it contains quite a bit of good, practical guidance
I bought the book after watching the video, and much of what's in the video is repeated in the book. The book itself is basically one long tease with a bunch of anecdotes about what happens when you talk to the police and don't follow the book's advice.
The advice itself is held until the very last chapter. Here's the tl;dr:
1) If you are arrested, don't say "I invoke my fifth amendment right against self-incrimination" or anything else that mentions the 5th amendment. There is now judicial precedent stating that if you do this, a jury can be told that you did it, and can consider your invocation of the 5th when deciding your fate. (In other words, the jury can decide that by invoking the 5th, you had something to hide that might be material to the case.)
2) If you are arrested, don't say, "I think I need a lawyer" or "You guys can't talk to me without a lawyer" or "don't I need a lawyer?" There is now judicial precedent stating that none of those things is you actually requesting a lawyer, and the police can continue questioning you or even lie and say "No, you don't need a lawyer."
3) If you are arrested, don't remain silent—or, rather, say what's in the next point, and then remain silent. There is now judicial precedent stating that by remaining COMPLETELY silent you are refusing to cooperate and potentially admitting guilt, and juries can be told that you refused to cooperate.
4) The book says that the only words that come out of your mouth if you're arrested should be "I want an attorney." Not "I think I need an attorney," not "Can I call an attorney," and certainly not "I am electing to remain silent" or "I would prefer not to answer." Duane says you should say "I want an attorney" and continue to repeat that as the answer to any questions other than basic identifying information.
(The last part is important: Duane stresses that compliance is very important unless you want to fuck your day up even further. If you've been arrested, cooperate. Give your name. Don't be a dick. Answer the booking questions about your address and other personal information truthfully and willingly. Just don't say anything else other than "I want an attorney.")
James Duane's Book on this topic, You Have the Right to Remain Innocent, is also a very good short read.
https://www.amazon.com/You-Have-Right-Remain-Innocent/dp/1503933393
>The whole "ask for a lawyer" business is kind of overstated. The only thing a lawyer will advise you is to not say another word to the police. That's the entirety of the benefit of calling a lawyer. (Also, in circumstances where it's not clear that you've been detained/arrested, the lawyer will instruct you to ask the police if you can leave, and if offered the chance, to do so).
>
>Edit: you should still call a lawyer, because you're always better off with advice tailored to your situation than without it. I'm just pointing out it won't stop the police from asking the questions.
James Duane of the famous Don't Talk to the Police video recommends in his book You Have the Right to Remain Innocent that you should explicitly ask for a lawyer instead of pleading the fifth. He cites a supreme court decision that makes it so the fifth amendment no longer has the protections it used to have. Explicitly stating you want a lawyer and then remaining silent is your best option.
> Don't. Talk. To. Cops.
So the attorney who made the don't talk to cops video has updated his advice. He's got a book with the updated advice, but here's the tl;dr:
Do not remain completely silent if you're arrested. There is now judicial precedent saying that a total refusal to speak can be interpreted as a lack of cooperation and that a jury can be told that you refused to cooperate with police based on your failure to respond, which can (and has) led to convictions.
Further, Duane advises not saying anything about the fifth amendment when you're being arrested—like, "I choose to exercise my right against self-incrimination" or "I'm invoking my fifth amendment rights" or anything. Because, again, there is now judicial precedent saying that a jury can be told you attempted to invoke the 5th amendment and that invocation can be used as an indication that you felt you had something to hide.
Duane advises the following, if you are arrested:
1) Answer any identifying questions ("Who are you," "What is your birthdate," "What is your address," etc) immediately and truthfully.
2) Be polite. Don't be an asshole.
3) Answer any questions other than identifying information by saying "I want an attorney." Not "I think I need an attorney" or "Can you guys get me an attorney?" or "Shouldn't I have an attorney here?" or any other variation. You say "I want an attorney." Because however fucked up and insane it is, those four words are apparently the only safe thing to say at this point, thanks to several poor precedents that have been set in the years since Duane's first "don't talk to the cops" video.
tl;dr - Saying nothing is no longer a good idea and can make things worse for you. Saying "I want an attorney" is now the new magic phrase.
edit - this obviously only applies if you've been arrested. If you've been detained at a traffic stop, staying mum is still the best idea. Though flat-out refusing to say anything can indeed earn you a ride downtown if your silence makes the LEO angry. It's hard to win in that situation.
https://www.amazon.com/You-Have-Right-Remain-Innocent/dp/1503933393
Such a good read with important advice. Book was given to me by my neighbor who was a long time corporate attorney who now volunteers for innocent people initially convicted of crimes. He is one of the most upstanding people I how; great father, very successful career, active at his church, etc.... and he told me I would never believe the amount of corruption he has seen by law enforcement, prosecutors, and judges.
I bought that guy's book, "You Have the Right to Remain Innocent" last week and blazed through it in a couple of days.
Definitely worth the $5.
Never allow the cops in or touch anything. Read this book too. You Have the Right to Remain... https://www.amazon.com/dp/1503933393?ref=ppx_pop_mob_ap_share
That's so terribly naive that I have to assume you are trolling.
https://www.youtube.com/watch?v=d-7o9xYp7eE
and his very excellent book
https://smile.amazon.com/You-Have-Right-Remain-Innocent/dp/1503933393
do excellent jobs of explaining why you 1) likely have committed a crime, you just don't know it, and 2) talking to the police is an excellent way to commit additional crimes AND admit your guilt.
If you're operating a car, you are required to surrender your license, registration, and related paperwork when stopped.
Yes, the officer is required to have "reasonable suspicion" that you're involved in a crime to stop you. But as any officer will tell you, ANYONE breaks the law repeatedly when driving, and reasonable suspicion is easy to come by. Forget to signal, roll through a stop, appear "reckless", drive too fast or too slow -- any of them a perfectly legal pretext for a stop. As a driver, you're not really in a position to know if or why an officer has reasonable suspicion.
It is GREAT that the supervisor realized this was a bogus stop and put an end to it. I wish they all ended this way. But people, seriously: do not endanger yourself or those you are traveling with by arguing with police. Any defense lawyer in the country will tell you to put your safety first. If the police stop you for bogus reasons, and IF they try to escalate it into similarly bogus charges, you fight those in court.
Recommendations:
10 Rules for Dealing With Police
Don't Talk to Police ... WATCH the 2nd part of this video featuring the police detective dishing on all the (perfectly legal) methods they use to get people to incriminate themselves
Professor Duane's book You Have the Right To Remain Innocent expands on Don't Talk to Police and it's an absolute page-turner
Should be required reading:
https://www.amazon.com/You-Have-Right-Remain-Innocent/dp/1503933393
Already public record. There was a 4 unit team stopping large vehicles that day. Part of that team was a K-9 unit. They pulled over numerous large vehicles that day including at least one other bus.
An external "open air sniff" has been determined by the US Supreme Court to be constitutional.
If you watch the body cam footage they bring the dog out...
And the bus driver says "do you want me to open these up?" (The under bus storage bays). The cop replies "If you want to". Bus driver then does so. And then the dog sniffs and towards the front of the bus, sits repeatedly indicating a "hit".
Cops never searched anyone or anything inside of the bus. Only under the bus which the bus driver volunteered to open.
This whole story is a nothing burger.
And I have just about as much anti-cop bias as you can have (I've had numerous negative interactions with shithead cops)
Pro-tip. NEVER TALK TO POLICE! Ask if you are free to go / are you being detained. That's it. Don't ever volunteer to do anything ever. Or offer any information or even engage in conversation.
One of the best videos on the Internet: https://youtu.be/d-7o9xYp7eE
Also a book that I recommend to everyone and give to every teenager, especially before they go off to college.
In college, we always had someone (reasonably sober) stationed by the front door. Keep the front door closed. Do not let cops in. Ask for a warrant. Answer no questions. State that this is private property and you do not consent to any search. BE CALM AND RESPECTFUL. Meet them at the front of property on a public sidewalk.
Know your rights. Knowledge is power.
If the ACLU was worth anything they'd give these talks to high school kids.
NO! That can now be used as evidence of your guilt. The Supreme Court & Appeal Court changed the law in 2013, and while that was good advice at one point it's no longer good advice.
Say "I want a lawyer". Do not say anything else.
The Supreme Court has ruled that:
- You can't just remain silent. You have to actively say you are invoking your 5th Amendment rights. If you just remain silent, that can be used against you. Salinas v. Texas, 2013, US Supreme Court. https://www.scotusblog.com/2013/06/opinion-recap-if-you-want-to-claim-the-fifth/
- If you say you are remaining silent to avoid incriminating yourself, that's a confession to having committed a crime. If you had not committed any crime, then you wouldn't incriminate yourself. US vs Long, 2013, 8th Circuit Court of Appeals. https://casetext.com/case/united-states-v-long-42
- If you just say you are remaining silent, or invoking the 5th amendment, then MAYBE the police officer can tell the jury that you said that, and MAYBE the prosecution can use that. The Supreme Court's opinion in Salinas didn't decide this, they mentioned this as something that "might" have led them to rule differently.
So basically, the "right to remain silent" is gone. If you try to use it, then whatever you do can be used against you.
Source: The book: You Have the Right to Remain Innocent, James Duane. https://www.amazon.co.uk/You-Have-Right-Remain-Innocent/dp/1503933393
Review of that book that includes the basic explanation of why the 5th Amendment no longer works: https://ideaexchange.uakron.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=1049&context=conlawnow
You Have the Right to Remain Innocent https://www.amazon.com/dp/1503933393/ref=cm_sw_r_cp_apan_glt_fabc_AJN9SCKKAJP2FZ76Z8TN?_encoding=UTF8&psc=1 The current trend in law enforcement is to assume everyone is guilty.
https://www.amazon.com/You-Have-Right-Remain-Innocent/dp/1503933393
This book explains why you never ask that stupid question, you stupid fucking amateur.
The below video is a lecture by a law professor that refutes your comment.
https://www.youtube.com/watch?v=d-7o9xYp7eE
> Regent Law Professor James Duane gives viewers startling reasons why they should always exercise their 5th Amendment rights when questioned by government officials. Download his article on the topic at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1998119
> His best-selling book on the same subject, You Have the Right to Remain Innocent, can be found at https://smile.amazon.com/You-Have-Right-Remain-Innocent/dp/1503933393?sa-no-redirect=1.
It's reality and thankfully you didn't get caught on the wrong side of it. Never talk to the police.
Go ahead and buy this book. . Read about all the fucked up tactics police officers have used agaisnt people.
Get this book, read it and then find the videos this lawyer makes: You Have the Right to Remain Innocent
| Item | Current | Lowest | Reviews |
|---|---|---|---|
| You Have the Right to Remain Innocent | - | - | 4.6/5.0 |
^Item Info | Bot Info | Trigger
You Have the Right to Remain Innocent https://www.amazon.com/dp/1503933393/ref=cm_sw_r_cp_apan_glt_fabc_JBDZRPZ8YQBAEDDW3V2J Often, the police are not your friends.
That is James Duane. Really good video, but it's bit outdated. Since it was recorded, we had several cases, that degraded the "5th" defense. Now his advice is to plead "6th". Meaning to request an attorney, before you speak.
https://www.amazon.com/You-Have-Right-Remain-Innocent/dp/1503933393
Is the good read.
You Have The Right To Remain Innocent
https://www.amazon.com/You-Have-Right-Remain-Innocent/dp/1503933393
He wrote a book because this video went viral. It literally changed his life because he is now a very sought after speaker. He made a career out of it. The book is dystopian nightmare of what can go wrong in the US justice system. Do Not Talk TO the Police. Teach your kids. https://www.amazon.com/gp/product/1503933393/ref=ppx_yo_dt_b_asin_image_o02_s00?ie=UTF8&psc=1
This guy has a book now by the way, with specific advice and case studies. I recommend it for any illegal drug user.
https://www.amazon.com/You-Have-Right-Remain-Innocent/dp/1503933393
That type of statement makes you look suspicious and uncooperative.
Nobody should talk to the police. If you do have to, give a very brief statement. Something like "that guy was doing X(reason you killed him), I had to protect myself and my family. I'll be happy to cooperate further after I speak to my lawyer, but I won't answer anymore questions right now"
Quite frankly, everyone should respectfully invoke their 5th Amendment right any time the police want to question you more than about what you're doing right here, right now, and who you are. Other than that, you should have a lawyer. Even if you didnt just shoot someone in self defense. You never know what a detective will try to pin on you after twisting your words or asking leading questions.
EDIT: Everyone should also read this book. Whether you carry a gun or not: https://www.amazon.com/You-Have-Right-Remain-Innocent/dp/1503933393
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