Perfect! That's what I say too. But most kids don't have a good person to call. Most parents believe the lies their kids tell them, then they advise the kids to tell the truth.

In the words of the great philosopher Ron White, who coined the phrase " You can't fix stupid" comes the phrase " I had the right to remain silent, but not the ability."

Yup. Which is why both parents and kids need to learn that innocence -- claimed or real -- isn't a reason not to lawyer up.

by telling your kids to shut up and call me...you're not telling/teaching them to lie...just to wait for the right time to tell the truth or "their side of the story" cops are there to solve the case...not be on your side for anything...my wife and I have had the conversation a million times...do not talk to them...if they had what they needed, they wouldn't need a statement from you...that's how I look at things.

The Miranda "right" was made up from whole cloth in 1966. No one who believes in the text of the constitution should morn its passing. If you can read the constitution you know that you can't be "compelled in any criminal case to be a witness against himself...." As I read it, that could mean you have the right to remain silent. That's your right, at most the state should teach it to you in 5th grade civics; it doesn't say the cops have to remind you that you should shut up and ask for a lawyer when you find yourself in a bind.

The Supreme Court could have killed Miranda a few years ago, I forget the case name, but I believe Justice Rehnquist voted with the liberals to keep it alive. One theory goes that he/they didn't want to be part of a decision to "take away Miranda" since everyone "knows" they have the right to listen to the cops read the warning before they confess. Of course this mistaken belief comes from watching too much bad TV. It shouldn't be a surprise to anyone familiar with criminal law that the Miranda warning is a joke. People like to talk, the rare exception is probably the experienced criminal who has previously been taught to shut up by a good public defender or private lawyer.


Drift: If I had children the last thing I would want to teach them is to trust the police or any other agent of the state. Sure, you respect authority as part of civilized society and dial 911 when appropriate, but there is little good that can come from children interacting with cops or God forbid social services.

Yup. Cops should always be regarded like any dog you don't know. Maybe they'll be nice and wag their tails, maybe they'll rip you to shreds. . . . They have teeth and any interaction can go either way and it can change all of a sudden right in the middle. So you don't run from them, because that provokes them to attack . . . but you also don't walk up to them and talking all friendly like they don't have rabies and a bad case of blood lust. You treat them with caution, interact as little as possible and move on as quick as you can without looking like you are fleeing. You get to daddy as quick as you can by phone, through the lawyer, or on foot.

While cops may or may not be dirty . . . . social services ALWAYS is rabid and maybe a touch evil. No chances even if somebody says it is okay to talk to them. It is never okay to talk to them. Daddy's number, Lawyer's number and nothing else, nothing.

they make pretty white outlines when needed.

One MORE time, do NOT talk to tin; federal, state or local.

They are NOT your friends and they DON'T work for YOU.

If you absolutely can't keep your mouth shut practice reciting "I'm not granting ANY interviews but you may chat with my attorney."

Then put a sock in it.

"I need to speak to my attorney and I do not consent to any searches."
"I need to speak to my attorney and I do not consent to any searches."
"I need to speak to my attorney and I do not consent to any searches."

(Thanks, Joel! )

Repeat it until it's automatic. Embroider it in cross stitch and hang it above your computer desk or your reloading bench. Make it your personal mantra. MEMORIZE IT!

Too many words, all you need to remember is one, keep repeating it whenever you are asked any questions.



Lawyer

The Miranda Warning is really comprehended by very few arrestees. It does serve as a repetitive leaning aid to police officers, who are supposed to repeat the warning before intimidating a confession out of someone.

Yup. While some of us talk about the various ruses and techniques that cops can use during <s>interrogations</s> interviews, folks I know and trust who have actually done <s>interrogations</s> interviews have been pretty consistent that, by far, the most commonly used techniques are just asking and listening.

That said, orthogonally . . . I think some of us (I'm pointing a finger at me, as well as others) get involved in selection bias in this sort of stuff. In fact, people talk to the cops very frequently, even on criminal matters, without the presence or advice of counsel. And, often -- most of the time, I'd bet, and by a lot -- nothing bad happens because of it, even in some dramatic matters.

The problem is that what may appear to any of us to actually be a routine inquiry, or a commonsense time to cooperate, can --without any notice at all -- actually be something entirely different.

Until you look at a cop and tell them you have had enough experience with them to KNOW....


You don't talk to a cop without a lawyer.

Then you get threatened with obstructing justice.

I try hard, I mean REALLY HARD, to make it seem that all my inquiries are routine. I'm usually a very friendly guy when I'm working.

Generally speaking, Obstructing charges in MN, if you are not the subject of arrest, involve actively DOING something, like physically blocking or restraining an LEO, or hiding someone from the fuzz...

Resisting arrest (obstructing), OTH, only requires PASSIVE resistance.

In my experience, If you refuse to cooperate with the police in an investigation, they can THREATEN charges all they want. Doesn't mean they will follow through. Personally, I don't make idle threats to citizens. It only encourages the behaviors in the future...
(YMMV)