Prior to being an attorney, I had a fairly positive opinion of law enforcement. I feel privileged to call a number of them friends. But what an eye opener this has been. I've realized that:
1) Cops will lie in their arrest reports and on the stand to justify warrantless arrests and searches. It happens more than I ever imagined possible. Civilians are generally screwed in such circumstances because a cop's word seems to be given more weight over an accused's word. And, even if I have video evidence of a direct lie, the prosecution won't file perjury charges on the cop (which is infuriating) cops seem to get away with false testimony with utter impunity.
2) (imo) if I were to rate cops from worst to best, I would say Police, Sheriffs, then Highway Patrol.
3) If you are being investigated for a crime, or worse yet, have been arrested, don't talk to cops. It won't help you. If you have been arrested, it does you absolutely no good: wait to talk to a public defender, a private defense attorney, or a defense investigator. Cops collect evidence - if they arrested you, they already made a judgment call that you are guilty that will likely result in criminal charges. Nervous people (ie those under intense auspision) can often make innocent mistakes when it comes to describing exact dates or times under questioning, and a cop who thinks you are guilty is often going to write his/her report in such a biased tone to highlight any inconsistencies to secure a conviction.
In sum: if you got arrested, don't say shit. You can't talk yourself out of it - what's done is done. The burden is on the prosecution to prove you guilty beyond a reasonable doubt, don't open your mouth to someone that isn't required by law to keep your confidences (ie attorney-client privilege)
4) it's 100% legal for a cop to lie or deceive you during questioning. For example, they can tell you they have eyewitnesses pegging you as the culprit, they can tell you that your fingerprints are on a gun, they can tell you a co-defendant pointed the finger at you, or they have video evidence that you committed the crime. Don't think such bs can force a false confession? wait until you are being told you'll get probation over prison time if you just admit to a crime. Dirty tactics, and surprisingly legal. Be careful.
5) Don't let a cop trick you into consenting to a search of your person, property or home. Ever! A common tactic is: "do you have any weapons or illegal substances on you?" - "no" - "then you won't mind if I search, right?"
Answer: "yes, I DO mind if you don't have a warrant"
So many people get sucked into giving up their 4th Amendment rights via this ruse. Don't consent to anything.
6) Resisting arrest charges are often complete horseshit. When you have 4+ cops on you: one with his knee in your neck, another beating you with a baton, and others deploying tasers on you: it's near impossible to get your hands immediately behind your back, and your body is going to naturally convult. Yet so many of these arrests are filed as resisting arrest or assault on a police officer charges.
I'll add more stuff if it comes to mind.
1) Cops will lie in their arrest reports and on the stand to justify warrantless arrests and searches. It happens more than I ever imagined possible. Civilians are generally screwed in such circumstances because a cop's word seems to be given more weight over an accused's word. And, even if I have video evidence of a direct lie, the prosecution won't file perjury charges on the cop (which is infuriating) cops seem to get away with false testimony with utter impunity.
2) (imo) if I were to rate cops from worst to best, I would say Police, Sheriffs, then Highway Patrol.
3) If you are being investigated for a crime, or worse yet, have been arrested, don't talk to cops. It won't help you. If you have been arrested, it does you absolutely no good: wait to talk to a public defender, a private defense attorney, or a defense investigator. Cops collect evidence - if they arrested you, they already made a judgment call that you are guilty that will likely result in criminal charges. Nervous people (ie those under intense auspision) can often make innocent mistakes when it comes to describing exact dates or times under questioning, and a cop who thinks you are guilty is often going to write his/her report in such a biased tone to highlight any inconsistencies to secure a conviction.
In sum: if you got arrested, don't say shit. You can't talk yourself out of it - what's done is done. The burden is on the prosecution to prove you guilty beyond a reasonable doubt, don't open your mouth to someone that isn't required by law to keep your confidences (ie attorney-client privilege)
4) it's 100% legal for a cop to lie or deceive you during questioning. For example, they can tell you they have eyewitnesses pegging you as the culprit, they can tell you that your fingerprints are on a gun, they can tell you a co-defendant pointed the finger at you, or they have video evidence that you committed the crime. Don't think such bs can force a false confession? wait until you are being told you'll get probation over prison time if you just admit to a crime. Dirty tactics, and surprisingly legal. Be careful.
5) Don't let a cop trick you into consenting to a search of your person, property or home. Ever! A common tactic is: "do you have any weapons or illegal substances on you?" - "no" - "then you won't mind if I search, right?"
Answer: "yes, I DO mind if you don't have a warrant"
So many people get sucked into giving up their 4th Amendment rights via this ruse. Don't consent to anything.
6) Resisting arrest charges are often complete horseshit. When you have 4+ cops on you: one with his knee in your neck, another beating you with a baton, and others deploying tasers on you: it's near impossible to get your hands immediately behind your back, and your body is going to naturally convult. Yet so many of these arrests are filed as resisting arrest or assault on a police officer charges.
I'll add more stuff if it comes to mind.
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