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 Proper Order 
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 Post subject: Proper Order
PostPosted: Mon Aug 10, 2009 8:25 am 
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This happened in Longmont, CO. It is Minnesota specific because of the order in which "talking to an attorney" and being "interviewed in-depth on tape that is not on the side of the street" are going to happen. A good thing to remember if you ever have an adventure of your own.

http://www.timescall.com/news_story.asp?ID=17477#
Quote:
LONGMONT - A 35-year-old Longmont man was shot dead early this morning after he led Boulder County Sheriff's deputies on a car chase through Longmont, according to Boulder County Sheriff Joe Pelle.

A multiagency team is investigating the shooting on Third Avenue between Kimbark and Emery streets. Pelle said two sheriff's deputies and three Longmont police officers fired their guns during the incident. Pelle said the officers and deputies will not likely be identified publicly until Tuesday.

"The preliminary information is the officers acted in self-defense," Pelle said.

Pelle said a deputy stopped a Honda the man was driving at Eighth Avenue and Lashley Street at 2:46 a.m., and the deputy immediately requested help. While the deputy spoke with the man, two pedestrians approached and spoke with the deputy. A second deputy then responded to the stop and spoke to the car's driver, who had misdemeanor warrants for his arrest and stolen license plates on the car he was driving, Pelle said.

"The second deputy yells, 'He's got a gun,'" Pelle said.

Both deputies then backed away from the car and started yelling commands to the driver, who sped away in the car, Pelle said. The pedestrians ran off and deputies pursued the car and called for help.

The man in the Honda led deputies and police on a chase through neighborhoods in the southeast area of the city, with the chase extending as far east as County Line Road. As the suspect wound back through the city, a Longmont police officer used his patrol car to ram the Honda at Third Avenue and Emery Street, Pelle said.

A deputy used a bean bag rifle to shoot out a window to better communicate with the man, but deputies and officers told Pelle they saw him raise the gun and they fired at him. He was pronounced dead on the scene. A Colorado State Patrol trooper took the gun from the man's hand after the shooting, Pelle said.

Pelle said investigators will work all day to document the scene. All of the officers and deputies involved will be interviewed and the multiagency team will develop a report that Pelle and prosecutors will use to determine whether the law and police and sheriff's policies were properly followed.

Pelle said he arrived on the scene quickly, but did not ask detailed questions of the officers involved. He said he does not know yet how many shots were fired or whether the suspect fired his gun.

"I do not ask in-depth questions because these guys need to talk to attorneys and they need to be interviewed in-depth on tape that is not on the side of the street," Pelle said.

Boulder County prosecutors were also at the scene, between the Longmont Civic Center and the Longmont Safety and Justice Center this morning. The man's body remained in the car while investigators worked.

Police are also searching for items deputies said they saw the man throw from the car during the chase.


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 Post subject: Re: Proper Order
PostPosted: Mon Aug 10, 2009 9:47 am 
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someone1980 wrote:
This happened in Longmont, CO. It is Minnesota specific because of the order in which "talking to an attorney" and being "interviewed in-depth on tape that is not on the side of the street" are going to happen. A good thing to remember if you ever have an adventure of your own.


I've never heard the phrase "tape that is not on the side of the street" before... Good reminder though!

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 Post subject: Re: Proper Order
PostPosted: Mon Aug 10, 2009 3:28 pm 
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I need to speak to my attorney and I do not consent to any search.

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 Post subject: Re: Proper Order
PostPosted: Mon Aug 10, 2009 4:07 pm 
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I'd love to cooperate, officer. I'll have my lawyer call the station to arrange a convenient time for an interview.

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 Post subject: Re: Proper Order
PostPosted: Mon Aug 10, 2009 4:34 pm 
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jdege wrote:
I'd love to cooperate, officer. I'll have my lawyer call the station to arrange a convenient time for an interview.



"Whenever is convenient for him will work. You can wait for him at the jail." :shock:

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 Post subject: Re: Proper Order
PostPosted: Mon Aug 10, 2009 4:40 pm 
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tman065 wrote:
jdege wrote:
I'd love to cooperate, officer. I'll have my lawyer call the station to arrange a convenient time for an interview.



"Whenever is convenient for him will work. You can wait for him at the jail." :shock:


Better than prison.

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 Post subject: Re: Proper Order
PostPosted: Mon Aug 10, 2009 6:33 pm 
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tman065 wrote:
jdege wrote:
I'd love to cooperate, officer. I'll have my lawyer call the station to arrange a convenient time for an interview.


"Whenever is convenient for him will work. You can wait for him at the jail." :shock:

Booking a suspect takes time out of the officer's day. Ditto for dragging a witness down to the station for questioning.
Time that is wasted, if the suspect has lawyered up. Politely offering an alternative may not help, but I don't think it can hurt. I think it your more likely to spend the night out of jail if you offer to cooperate after you've spoken to your attorney than if you get confrontational.

I'm not suggesting that you say anything, I'm just saying that you can decline to answer questions at the current time in a polite and non-confrontational manner.

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 Post subject: Re: Proper Order
PostPosted: Mon Aug 10, 2009 11:56 pm 
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jdege wrote:
tman065 wrote:
jdege wrote:
I'd love to cooperate, officer. I'll have my lawyer call the station to arrange a convenient time for an interview.


"Whenever is convenient for him will work. You can wait for him at the jail." :shock:

Booking a suspect takes time out of the officer's day. Ditto for dragging a witness down to the station for questioning.
Time that is wasted, if the suspect has lawyered up. Politely offering an alternative may not help, but I don't think it can hurt. I think it your more likely to spend the night out of jail if you offer to cooperate after you've spoken to your attorney than if you get confrontational.

I'm not suggesting that you say anything, I'm just saying that you can decline to answer questions at the current time in a polite and non-confrontational manner.



Sure to all of that, however, I think the bigger issue is that if this had happened to a non-officer, they would not get the same courtesy of not being asked questions while standing on the side of the road. I believe that is the problem. YMMV.

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 Post subject: Re: Proper Order
PostPosted: Tue Aug 11, 2009 9:23 am 
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I remember form my class the suggestion was to lawyer up and shut up.

The reason for the lawyer (other than the obvious) is you need a polite way to say -
"Leave me alone, I just had to use a firearm and my brain is probably not functioning really well right now and most likely will say something really stupid."

A good example is to watch the start of My Cousin Vinnie, when the two kids are a little scared and keep repeating what the officer says during questions, such as:
Officer: "You Killed the man"
Kid: "I Killed the man"
Fast forward to day in court - Officer testifies, and so the kid confesses as say: quote - I killed the man.

Lawyer Up and Shut Up.
The cops don't give extra credit for being nice.
Don't be an ass, just say "He attacked me. There's the evidence. I need to talk with my lawyer."


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