• Call me Lenny/Leni@lemm.ee
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    11 months ago

    That you can leave the interrogation room any time you want if you’re being questioned for a crime.

    • cheese_greater@lemmy.world
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      11 months ago

      What is the best script to deal with this?

      1. Am I being detained?
      • yes: (I want to Speak to lawyer) --> 1
      • no:
      1. Am I free to go?
      • yes: Go
      • no: --> repeat 1

      ♾️

      No need to go outside this script?

        • cheese_greater@lemmy.world
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          11 months ago

          Ya but they use the human fear of silence/not responding as a lever to get people talking. I feel like you’d be more successfull just sticking to a safe script like this

          • Semi-Hemi-Demigod@kbin.social
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            11 months ago

            Cops will find any excuse they want to be assholes. By shutting the fuck up you make your lawyer’s job a lot easier.

            Though it’s probably best to say “I an invoking my fifth amendment right to silence” so they know what you’re doing before they beat you and shoot your dog.

            • cheese_greater@lemmy.world
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              11 months ago

              Im referring more to places where you don’t technically have the right to have the lawyer sit in the interview nor is there a hard and fast 5th amendment. Like you don’t have to talk but they’re basically allowed to verbally pull teeth once a phone call with a lawyer is completed (where they just read “don’t say anything” remotely and hang up on you)

              • Drusas@kbin.social
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                11 months ago

                I’m not the person you replied to, but I am confused as to what you mean. You don’t have to invoke the fifth amendment in order to not speak with police (the fifth amendment is more used in court), but you always have the right to have an attorney present when speaking with police in the US.

                • commie@lemmy.dbzer0.com
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                  11 months ago

                  You don’t have to invoke the fifth amendment in order to not speak with police

                  courts have found that simply being silent can be a confession. you must explicitly state you are exercising your right to be silent.

                  • Drusas@kbin.social
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                    11 months ago

                    Yes, absolutely. You do have to say that. You don’t have to expressly invoke the fifth amendment. You have to invoke your right to be silent. These are two separate things.

                  • Drusas@kbin.social
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                    11 months ago

                    Ah, that will do it. Sorry to hear your country doesn’t afford the right to have an attorney present. That’s at least one thing we’ve got right here.

                • NoIWontPickaName@kbin.social
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                  11 months ago

                  You have to actively and affirmatively express you want a lawyer and to remain silent for it to count.

                  Just being quiet or saying something like “I “think” I need a lawyer has been ruled not to count.”

      • A_Random_Idiot@lemmy.world
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        11 months ago

        speak very basic and plain. don’t use coloqualisms, don’t use slang, etc.

        One guy told a cop “I want my lawyer, dog”, and and they never got him one saying there were no dog lawyers, and the courts…of course, backed up the police, in clear violation of common sense and decency.

        • cheese_greater@lemmy.world
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          11 months ago

          Just pretend they’re a computer, same thing with laws. There’s a reason it usually called the Tax Code or Criminal Code

          Make 'em divide by zero by recursively using that script or the endless WHY loop

        • cheese_greater@lemmy.world
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          11 months ago

          But you can choose to do that confidently with something like this is mind

          You just refuse to accept non yes/no answers. Play dumb. So…yesno…i dont understand

          Edit: or just do that kid thing where they ask “Why?” -> Why? -> Why?..

    • Troy@lemmy.ca
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      11 months ago

      This would be really dependant on circumstances, no?

      • givesomefucks@lemmy.world
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        11 months ago

        Either they arrest you, or they don’t.

        If they arrest you, they have like 48 hours to charge you. And arresting you early makes everything harder, and cops hate anything remotely difficult

        But they can strongly suggest you have to stay, so most people do.

        The only reason you’re their is so they can gather enough evidence to charge you, even if you’re innocent you might answer a leading question wrong.

        There’s just nothing you can say/do to change a cops mind, and if you’re there, it’s because they think you did it.

        • Troy@lemmy.ca
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          11 months ago

          It’ll also largely depend on jurisdiction.

          Really, I’d ask for a lawyer and have the lawyer advise you here. A misinterpretation and suddenly you’re violently resisting arrest or something.

          • BigWheelPowerBrakeSlider@lemmy.world
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            11 months ago

            Ask for a lawyer and zip it up. Problem is you’re not getting to talk to a lawyer right then and there and will continue to be held at the jail. If you know a private attorney or someone hires one, you might, and that is a big might, get to to speak to them in a few hours, but even so, they are almost certainly not getting you home that day. In my state you get a first appearance before a judge the next day where a probable cause hearing is held and bond/bail is set. That’s usually the first time you even see an attorney but often you only get to speak to them sometime after that first court appearance. Especially if the hearing is done by video where the accused is at the jail and the attorney is at the courthouse.

    • dingus@lemmy.world
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      11 months ago

      Ehh…this isn’t always the case. But you definitely never have to say anything to the police. You just ask for a lawyer and say nothing else. The lawyer will know whether or not they can hold you.

        • kase@lemmy.world
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          11 months ago

          NoIWontPickaName

          Welp, let’s hope you’re never in that situation /j (jokes aside, of course, I do hope you’re never in that situation)