Xref: utzoo comp.org.eff.talk:233 misc.legal:21411
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From: mbrown@tonic.osf.org (Mark Brown)
Newsgroups: comp.org.eff.talk,misc.legal
Subject: Re: What should be done with the cops come a'knockin at the door?
Message-ID: <13737@paperboy.OSF.ORG>
Date: 24 Sep 90 14:45:05 GMT
References: <180@netsys.NETSYS.COM> <1990Sep24.043757.28285@looking.on.ca>
Sender: news@OSF.ORG
Reply-To: mbrown@tonic.osf.org (Mark Brown)
Organization: Open Software Foundation, Cambridge, Massachusetts
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[This thread on "what to do when the cops show up" has been cross-posted to
 misc.legal for your convenience...]

brad@looking.on.ca (Brad Templeton) writes:
|> Actually, some good simple rules that apply to any adversary or
|> investigator (press or police) are:
|> a) Don't talk if you have any reason to believe that they *think* or
|> suspect you of any wrongdoing.  (Wrongdoing by their definitions, not
yours.)

Best advice. *NEVER* volunteer *ANYTHING*. When they show up, you'll probably
be under stress -- and your mistakes will count against you.
Get A Lawyer.

|> b) If you must talk, *ask* questions, do not anwer.  And take care to make
|> sure your own questions do not contain answers.  If you remember to always
|> ask a question, you put them on the defensive and confuse them, because they
|> think they are there to ask the questions.   They may not be fazed, but
|> sometimes this is more fun than "no comment."

This won't last long; they think they are there to ask the questions and will
usually enforce this concept. This might work if you are not a suspect.

|> c) Be "fully" cooperative, but insist that everything take place in writing.
|> Say, "If you would be prepared to give a *complete* list of your questions
|> in writing, I will give them due consideration."   This makes them stop and

This will only work if you are not a suspect.

|> d) If you can slow it down, slow it down.  Using writing is just one example
|> of this.  Slowing it down is almost always in your advantage, and not in
|> theirs.

'sTruth.

|> e) Scare 'em.  It may not work, but tell them you are turning on your
|> camcorder or tape recorder while they do what they do -- for your records.
|> It may have no weight in evidence, and they may tell you to shut it down
|> (legally or not) but it will scare 'em.  And it looks bad if they refuse
|> you your right to document events.  These guys live by documentation and
|> paperwork.   But they don't like it if they are stepping over the line.

This will not happen, if you are a suspect.

|> And of course, if you think you are in serious shit, call your lawyer.  Ask
|> if you are under arrest, and under what charge.  If you are under
arrest, you
|> have a right to call a lawyer (eventually).  If you are not, you are free
|> to call a lawyer.

Once again, the best advice.

I write this from experience, having had friends arrested in the past. The
locale at the time was Odessa, TX; your mileage may vary.

Mark Brown   IBM AWD / OSF  |"What would I have done if I had been editor?
The Good     mbrown@osf.org |Perhaps, like George Ernsberger, I would have
The Bad     uunet!osf!mbrown|found a new job."
The Ugly     (617) 621-8981 |		-- Norman Spinrad, on HYPERION