Dealing with the Police After

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Michael Brown

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I decided to offer up this advice after Friday's CCW shooting.

If you disagree, this advice cost you nothing and you can feel free to disregard it.

It is not legal advice and it is not iron-clad. It is simply a series of guidelines that I have developed after dealing with hundreds of shooting scenes as a uniformed officer and having to deal with uniformed officers as a plainlothes officer.

I've seen, and committed, a number of errors in this arena and believe this set of guidelines will serve you well.


1) Survive the initial problem.

This should be self-evident but some people think so much about the police response that they forget they have to live through the initial confrontation.

Win the fight first and foremost and get medical attention if necessary.


2) Be the first to call or be the first to tell someone to call and don't leave the scene unless neccessary (hospital or tactical retreat).

It is an unfortunate fact of life than frequently he who calls first is the victim. This will normally get sorted out later and if you are rightous all will probably be well but it helps to be the caller.


3) Don't be standing there with gun in hand when the police arrive.

This does not mean forget about the problem in front of you but remember that you could have been portrayed by a caller as a homicidal maniac.

The holster is a good place for your gun at this point. This is one of the reasons I recommend good quality holsters with a reinforced mouthband. It would be difficult to put your pistol back into one of those floppy non-reinforced IWB's.


4) Follow the police officer's orders.

You may not like what they have to say and you may not think its fair, but now is not the time to deal with it.

Do exactly as the officer says until the scene is secure.

If you don't like how the officer treats you, file a complaint later. For now go along.


5) Do not clam up but don't go verbal spastic either.

Be cool. Breath deeply before you speak.

Make sure the police understand that you are the victim and want to file charges against the person who just tried to murder you or someone you had the right to protect.

Do not just say "I want my lawyer." Politely agree to cooperate with the investigation of the criminal who tried to murder you once your lawyer arrives.

Do not present a police officer with a pre-paid legal card. I know people seem to like them these days, but in my opinion they arouse suspicion.

You need the police on your side from the start if you can, so don't compromise your rights but don't be stand-offish either.


6) Use One-Down Negotiation

I was a labor relations major in college and one of the things I discovered was that negotiating with people who have authority was more effective if you remain humble.

You don't have to be a groveling idiot but remember that police officers are generally alpha males/females and are used to being forced to be in charge. Trying to deal with a person like this from a one-up or eye to eye point of view is generally less effective.

Remember your goal; Keep the police on your side. You can think whatever you want privately and say whatever you want privately. While you're there, work form one-down.

This does not mean the police officer is smarter, better-looking, or more of a man than you; That is irrelevent at this point. What he/she is, is a person with a certain level of authority at this point.

Personally I'd rather walk away thinking that a police officer was a jerk and file a complaint later than have to bail myself out and prove to someone else that I was right.

In some states (including Oklahoma) the D.A. makes the choice to prosecute not a Grand Jury. The D.A. typically relies a great deal on the police reports to make his/her decision. Thus they can go a long way in determining what kind of experience that you have with the criminal justice system.

Keep the police on your side.


7) Get a lawyer who defends innocent people.

Who can forget Bernard Goetz using the infamous mob lawyer Bruce Cutler. It sounds like a great idea as Cutler got murderers like John Gotti acquited so sure he must be able to get an innocent man off right?

Wrong.

The jury looked at Bernie Goetz just like John Gotti because his lawyer told him to shut up and make them prove him guilty.

Which they did.

An innocent person needs a lawyer who defends innocent people.

A good lawyer at this point will help you make your affrimative defense (self-defense) not tell you to shut up and make them prove you guilty.

Self-defense is affirmative and must be asserted not claimed later.

Judges will often disallow claims of self-defense if you don't say so from the beginning.


8) Don't get worked up about being detained.

It has to happen. The police have to investigate.

If you are going to be arrested, don't get worked up about it at the police station or jail. It will do you no good there. Let your lawyer handle it.

Chances are in Oklahoma that everything will be fine and you will not be arrested. You may not even have to go to the police station.

But if it doesn't work out that way, be cool. Let your lawyer deal with it.


9) Expect that your gun will be taken as evidence.

Do not get riled up about this. Its going to happen whether you like it or not.

Ask for a receipt but if they cannot or do not give you one, its a secondary concern.

You will likely get your gun back.

File a claim later if you don't get your gun back. You will almost certainly prevail if you don't get your property back after the investigation has concluded in your favor.

10) Don't lie.

This could be the difference between being prosecuted and not.

You know what they say: You can drive a train for twenty years and no one calls you an engineer, but you screw one goat and...............you know the rest.

The truth DOES set you free in self-defense cases.

Again, this doesn't mean to get verbose, but always tell the truth.

Lots of folks have acted justly but still been prosecuted because they didn't tell the truth and it changed the appearance of the incident.

Don't be one of them.

11) Avoid dealing with the media.

The media really can't do you any good and they can do you a great deal of harm.

Again, like with the police, don't be a jerk and start pushing camera-men.

Just say something like "I'm sorry folks, I have to be with my family now" and politely walk away.

Don't give them a noose by saying things like "No comment" or "None of your business."


These guidelines are not all-encompassing and they can certainly be expanded and more deeply explored, but they should give you some good starting points should you ever be in the unfortunate position of having to defend your life.

Michael Brown
 

liliysdad

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Amen, brother.


The biggest things to glean from this, the Cliff's notes if you will, are

A) He who calls first is the victim
B) If the first thing you say is "I want my lawyer", we assume there is a reason you want your lawyer
C) Being an ass during an arrest can mean a lot to the DA, the judge, and the jury.
 

madmax

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The holster is a good place for your gun at this point.

Do not just say "I want my lawyer."
I really wish the lawyer who helps conduct the CCW classes at H & H would stop giving advice that pretty much contradicts this. He advises that you do clam up, don't say much of anything, demand a lawyer, state that you're too upset to give a statement until the lawyer is present, and he advises you place your gun on the ground at your feet. When I first heard this I immediately surmised that it was bad advice and nothing I've read or heard since has caused me to change that opinion.

What happened Friday? Must have missed the news.
 

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