The following article is from a leaflet that has been distributed by the Libertarian
Party in New Jersey. Written by an attorney, it deals with the subject of
talking to police or other government agents. Pro-gun cops echo the same
sentiments as the below: don't incriminate yourself, keep your mouth shut by
exercising your right to remain silent. "Anything you say can and
WILL be used against you in a court of law." This is in no way meant
to imply that all cops are "out to get you"; they aren't. This is
simply sound advice should the law enforcement folks one day show up at your
door.
Don't Talk to
Cops
By Robert W. Zeuner
Member of the New York State Bar
"GOOD MORNING! My name is investigator Holmes. Do you mind answering a
few simple questions?" If you open your door one day and are greeted with
those words, stop and think! Whether it is the local police or the FBI at your
door, you have certain legal rights of which you ought to be aware before you
proceed any further.
In the first place, when the law enforcement authorities come to see you,
there are no "simple questions." Unless they are investigating a
traffic accident, you can be sure that they want information about somebody. And
that somebody may be you!
Rule Number one to remember when confronted by the authorities is that there
is no law require you to talk with the police, the FBI, or the representative of
any other investigative agency. Even the simplest questions may be loaded and
the seemingly harmless bits of information which you volunteer may later become
vital links in a chain of circumstantial evidence against you or a friend.
Do not invite the investigator into your home! Such an invitation not only
gives him the opportunity to look around for clues to your lifestyle, friends,
reading material, etc., but also tends to prolong the conversation. And the
longer the conversation, the more chance there is for a skilled investigator to
find out what he wants to know.
Many times a police officer will ask you to accompany him to the police
station to answer a few questions. In that case, simply thank him for the
invitation and indicate that you are not disposed to accept it at that time.
Often the authorities simply want to photograph a person for identification
purposes, a procedure which is easily accomplished by placing him in a private
room with a two-way mirror at the station, asking him a few innocent questions,
and then releasing him.
If the investigator becomes angry at your failure to cooperate and threatens
you with arrest, stand firm. He cannot legally place you under arrest or enter
your home without a warrant signed by a judge. If he indicates that he has such
a warrant, ask to see it. A person under arrest or located on premises to be
searched, generally must be shown a warrant if he requests it and must be given
a chance to read it.
Without a warrant, an officer depends solely upon your helpfulness to obtain
the information he wants. So, unless you are quite sure of yourself, don't be
helpful.
Probably the wisest approach to take to a persistent investigator is simply
to say: "I'm quite busy now. If you have any questions that you feel I can
answer, I'd be happy to listen to them in my lawyer's office. Goodbye!"
Talk is cheap. But when that talk involves the law enforcement authorities, it
may cost you, or someone close to you, dearly.