Talking to emergency dispatchers after a self defense incident?

Discussion in 'Self Defence' started by Morik, Sep 4, 2017.

  1. Smitfire

    Smitfire Cactus Schlong

    What about saying to the cop..."Can I take a minute to gather myself?....I was just in a bad situation....I need a sit down to calm down". Before saying anything really "official"?
    As I understand it one of the by products of adrenalin and being in a stressful situation can be a tendency to babble, over-explain and talk about the situation.
    I imagine it's that sort of thing where you'd incriminate yourself by saying the wrong thing, even if you actually did the right (or legal) thing.
     
  2. Mushroom

    Mushroom De-powered to come back better than before.

    Chances are, if there are witnesses. The Police will speak to them as well, and point the finger as to who did what from their point of view. You may get arrested on "suspicion of..." or you may get taken to a Police station for further questioning. At any point you can ask for legal aid if you don't like the questioning.
    At the end of it, you can be "de-arrested" pending answers given and further witnesses/evidence coming to light.

    Lets just say this..(As a third party witness)... You turn up. You see a guy unconcious on the ground and someone standing next to said person, looking out of breath, with bloody knuckles. What are you going to think?
    It's not going to be ... "I wonder if this was SD?"

    (this is a over simplification of a fictional scenario...but at the same time, quite common)
     
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  3. Smitfire

    Smitfire Cactus Schlong

    I always wonder that when Americans talk about stopping an active shooter with their gun. As soon as they pull a weapon and start shooting THEY become an active shooter too!

    [​IMG]
     
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  4. Rataca100

    Rataca100 Banned Banned

    Funnily enough, i was second hand sourcing from a U.S person working in that context. The context of if you have had to shoot somone in self defence what do you do.
     
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  5. Hannibal

    Hannibal Cry HAVOC and let slip the Dogs of War!!! Supporter

    Have to? Then you shoot
     
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  6. Morik

    Morik Well-Known Member Supporter MAP 2017 Gold Award

    So I'm reading the book now, and there is a case in 2008 where the closing arguments of the prosecutor were basically: "He said he didn't want to incriminate himself. Don't leave your common sense at the door--if somebody doesn't want to make an incriminating statement, that means any sort of statement they make on the topic would get them in trouble."

    This was after, when questioned about alleged sexual contact between him & a minor, he responded with "I don't want to incriminate myself". (I.e., invoking his 5th amendment right.)

    Court of appeals did not overturn.

    And then he (the author of the book) mentions that the DOJ has served official notice that it believes courts should permit prosecutors to argue under any circumstances that a defendant asserting their 5th amendment right can and should be used against them as evidence of guilt.
     
  7. Rataca100

    Rataca100 Banned Banned

    Got the context wrong. :p But obviously.

    (assuming response to me)
     
  8. Mushroom

    Mushroom De-powered to come back better than before.

    So basically he got asked.
    "Did you abuse this child?"

    His reply was
    "No comment" ??

    Thats not a "Hell no! You mad!?"
    That sounded more like... "I dont really wanna say cos I may get in trouble. I'll tell you later if I feel like it".

    Context in use of Law and Rights.
     
  9. Morik

    Morik Well-Known Member Supporter MAP 2017 Gold Award

    I'm no legal scholar, but I think that does at least somewhat show that the prosecution can use your 5th amendment right not to bear witness against yourself against you at trial, by telling the jury it indicates guilt.
     
  10. aikiMac

    aikiMac aikido + boxing = very good Moderator Supporter

  11. Morik

    Morik Well-Known Member Supporter MAP 2017 Gold Award

    The case was:
    United States v. Long, 721 F.3d 920 (8th Cir. 2013)

    They didn't overturn because he was told he wasn't currently under arrest at the time.
     
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