"Don't Talk to the Police" by Professor James Duane

Professor Duane from Regent Law School has a speaking style similar to Regis Philbin on methamphetamine. As a result this compelling 27-minute lecture flies by.

Duane cites multiple examples of how intelligent and powerful people have fallen prey to their mistaken believe that they are equipped to speak to criminal investigators. However, the most notable portions of the lecture are when he describes how easily a police interrogator's misrecollection can be used to crucify a perfectly innocent suspect who tells only the truth.

[Thanks to Tim Lynch for the tip]

The flavor of the website see

The flavor of the website seems to be "we want EVERYONE to invoke their right to remain silent, invoke their right not allow a warrantless search, invoke their right to a lawyer." That is fine, these are indeed constitutionally granted rights.

But do we realize that if this webiste were successful in its quest the solve rate of crimes would drop through the floor? Currently many police departments only solve about 50% of reported crimes and this usually counts self-initiated arrests like drug arrests, domestic disputes, and DUIs (which by thier nature are AUTIMATICALLY solved when they are discovered). The actual solve rate (minus DUIs, domestics and drug arrests) is probably closer to 10-20%.

A HUGE percentage of these cases are solved off of warrantless searches and confessions. This may be right and it may be wrong - I am not addressing that in this post.

What I am addressing is that are you, as a citizen of the USA prepared for a society in which 95-99%% of cases will go unsolved? Contrary to television dramas, physical evidence is fleeting, ambiguous at times, and most of time for most crimes, NON-EXISTANT.

With no physical evidence, no ability to interview the suspect, no ability to conduct a warrantless search, and no ability to develop probable cause for a search warrant, how will an investigator successfully prosecute a rape? a murder? a robbery?

The public has a vested interest in the successful investigation and prosecution of criminals. If this website is successful, we as a society will need to be prepared to either change the constitution or get used to criminals getting away with their crimes virtually all the time.

KYS What a fucking joke! I

KYS

What a fucking joke! It sounds like to me your problem isn't with the site, but more so the United States Constitution. Go take your complaints to congress.

Clarification

Dear anonymous, I think we need to start with the spirit of the laws themselves. Legislators can dictate that it is unlawful to eat a peanut butter sandwich, but, we have to ask ourselves, is it "just"? I think it would be obvious to most that No, it is ridiculous. Our just laws come about from natural circumstances. Or perhaps more specifically God's laws, or the Ten Commandments. This is the basis for our Constitution given us back around 1776. ((The common law(judge created law based on common sense and fairness) was made part of our judicial process when we were founded.)) And as far as I can tell, nowhere in the Ten Commandments does it say that I have the privelege to travel, so long as the state permits me and grants me a license to do so. Your license is a contract. Don't contract with the State if you don't feel compelled. This would refute the DUI circumstance. Although we know that driving while under the influence is stupid, there is no Constitutional law prohibiting it. And until we have an injured party, there is no crime. The State doesn't qualify as an injured party. The State is a piece of paper. But in order for the State to have jurisdiction to adjudicate your "case", you have to be a piece of paper too. You, as a State created fiction, will be seen in paper form as ANONYMOUS. If you agree, or likewise, don't disagree, that you are that piece of paper, not a flesh and blood human, they will have jurisdiction to prosecute you. When the court asks you your name, or if they ask you to state your name for the record, and you give it, you are contracting with the court to give this piece of paper a flesh and blood basis. The State has no authority granted them from the Constitution to prosecute a man for traveling, whether by foot, boat, car, plane,... unless there is an injured party during the course of such travels. The same can be said of drug use. Who is the injured party? UCC 1-103.6 (Here I am citing the Uniform Commercial Code, because after all, the courts only jurisdiction is commercial law or contracts, and the UCC covers contract law.) Am I going to file a claim against myself for smoking a joint? Why would the State feel it had that right? Unless the State felt that I, the flesh and blood human, were damaging there property. In the eyes of the State that is what we are. We are State property as long as we agree to be(contract with), or with our acquiesence, do the same. Without asserting your rights, you in fact, waive your rights. UCC 1-207.9 My point to all this is, that these laws give the State a way to collect more tax revenue, through citations, fines, court costs, yada yada yada... I'm sorry, I forgot to mention domestic disputes. Same holds true. There are so many laws on the books that you can't get through a day without breaking at least one. There is alot more to the story, but I think this should give you a good idea of where to look for more info. In summary, it seems to me that you are absolutely correct in your argument that we would have alot less convictions for these crimes if we asserted our rights, but then again, I probably wouldn't send someone to jail for eating a peanut butter sandwich:)

What a crock of dung.

"The public has a vested interest in the successful investigation and prosecution of criminals. If this website is successful, we as a society will need to be prepared to either change the constitution or get used to criminals getting away with their crimes virtually all the time."

I've never seen anything on this site about getting people "off the hook" for crimes.

This site seems to show one how to protect themselves from the evil government against malum prohibitum "crimes". Or, victimless crimes. All traffic laws are unconstitutional. They are there to do nothing more than generate money for the government.

Rape, Murder, etc..., all have VICTIMS! Traffic codes/laws/taxes have no victims. Victim crimes have been covered for a couple thousand years. Victim crimes in the USA today are meaningless when it comes to government. The Gov. gets no monies to feed the pigs if you murder someone. But, if you speed, don't stop at that stop sign at 3am when no other cars are on the street, the bullies in blue will get you, drag you before a lower "fake" judge, (usually a mere highschool grad) and tax your ass! Fine=Tax.

This is what happens when the people in a country like this are to damn lazy to pay attention to what is going on. This is what happens when you allow a system to be run by dirt bag lawyers aka shysters.

Your comparison is just plain stupid. We have no need for traffic laws.

Ever notice we used to have police, which did just that? Now we have law enforcement officers, who could care less about your needs, and are employed simply to collect money on fake laws that trample on our rights.

The flavor of the web site

Your comments regarding reducing or circumventing the constitiononal rights in order to gain needed convictions for serious crimes would be convincing if only they applied to felons. Unfortunatly they would apply to innocent parties as well.When a youth I was detained and fined twice for alleged infractions that were with out merit. I did not know my rights. And going to jury would have cost me money because of lost work time and a lawyer. I was a long way from home. I weould have needed to stay in a hotel. I had almost no money. I was a perfect target for police trying to make a dollar on a collar.

I do not advocate circumv

I do not advocate circumventing or reducing constitutional rights. I am only pointing out that there is currently a “balance” to the system. Most do not even have a concept of what their rights really are. If more people did, then convictions would inevitably decrease.

The simple math is that the more people know their rights and exercise them, the fewer convictions that will be made. If you are a criminal then that is great news. If you are police officer, you could care less, you will still get the same pay check. If you are a citizen, then that should alarm you. When you daughter is assaulted or your car is stolen expect the police to have less success than ever in their investigation. The perp just needs to remain silent, refuse the search, and ask for a lawyer and his odds of escaping prosecution will skyrocket. Of course the innocent will also be protected from false arrest and conviction - they just will no longer be protected from criminals. Oh well, that is how the scales of justice teeter and totter.

Police do not make any amount of money for an arrest. In fact, most arrests COST the government money due to overtime paid to officers for court, piles of paperwork (officer is off the street, so we need to hire more), etc.

Think about it. If you pay the goverment $2000 for a DUI conviction the government has to pay the officer for the time he spent with you, the time he spent on paper work, and the time he spent in court. They also have to pay for the paper, the computer, the car, the gas, the uniform, etc. They pay for the clerks that enter the paperwork, the public defender, the judge, the District Attorney. They pay your probation officer for countless hours of time spent on your case. The list goes on. When it is all said and done the government is in the red. Trust me on that.

Wow, we as a nation are in bi

Wow, we as a nation are in big trouble when this is the view of the member of our citizens. The thinking behind this is really warped. These are our RIGHTS. Applying your logic to other issues makes it seem really foolish.

Example: "The simple math is that the more people know their rights and exercise them, the poorer choices for leaders that will be made. If you are a criminal then that is great news. If you are police officer, you could care less, you will still get the same pay check. If you are a citizen, then that should alarm you. When you vote is cast and your candidate is elected, you are the only one to blame. There are plenty of people out there who should be in charge and make those decisions for you. Laws will not be passed because people will have differing view points. Imagine how much money would be wasted by our government, business and private individuals if we let them exercise their right to vote. We would save millions of dollars every year by just appointing leaders to positions. Oh well, that is how the scales of liberty teeter and totter.

You need to research the reasoning behind why we were granted various liberties by our founding fathers. Face it, today we are losing many of our rights and people often walk around thinking..."there must be a law against that, people shouldn't be allowed to do xxxxx". Go ahead and give up your rights and freedoms. You will be much happier in the end.

More Clarification

USA,Inc. We have been a bankrupt country running on credit since 1933. When you say "They" what you really mean is "We" the taxpayers, we pay for time spent on paperwork, overtime, paper, computer, car, gas, uniforms, etc. With your statement that, "If more people did(know there rights), then convictions would inevitably decrease." Then with that understanding, we can conclude that either the law is flawed or the individual wasn't a criminal to begin with, or perhaps there simply hasn't been sufficient evidence supplied to convict. Again if there was an injured party, then there is someone to make a claim against that person held as suspect. After such claim is made, then the case can be brought to trial and the accused can be given a trial by a jury of peers. And by the way I don't trust you. Simply stating that with more convictions we get more bad guys is thoughtfully superficial. More on running "in the red." Our elected representatives were wise enough to put our money in the hands of the banking elite and give them the control over our money supply. This happened in 1913 and took the false name "Federal Reserve". If I were to have been given the power to print money, this is what I would do. I would, shortly after gaining such power, print more paper/fiat currency and give the country a relative boom in growth and productivity(the Roaring 20's). Then I would precipitously deflate the currency and make all the stock that was growing like gang busters, worthless, and in fact bankrupt the United States of America(1933). The whole while I am loaning this money to the U.S. Government to fund the immense growth using my printed/fiat currency, I will be charging interest on that currency and taking payment in the form of gold. Then, when there is no more Gold to be had, I will give the U.S. government a number to show the people as to how much money they owe me, and let the government come up with ways to pay that interest back to me. I might suggest an income tax on all income,(say the 16th Amendment, ratified or otherwise, tell them it is the law) in every form, labor, capital, wealth accession, and several others to be paid to me the banking elite. And to make sure the U.S. is good for the loan, I will have to ask for collateral, in the form of the only tangible thing that is left that I don't own. The people themselves. As long as the people don't catch on to what I'm doing, all will go smoothly, and I can keep my slaves working themselves to the grave. For it matters not who makes the law, as long as I have control of the money. Long live the "Republic?"

More than that, this site wou

More than that, this site would be easier to take seriously if it didn't seem geared towards keeping a bunch of pot smoking losers out of jail.

The info is spot-on: the best way to defend one's rights is to exercise them at every reasonable opportunity, and we must always guard ourselves against the power of the government. This site's goal of educating people to that end is admirable. However, the loftiness of that goal ends where the veiled assertions that the Bill of Rights exists to protect the guilty begin. The amendments to the Bill of Rights in question were written to protect the *innocent* and they lay out a rough procedure in handling those suspected of crimes (warrants, compensation for confiscation, etc.), as well as those found guilty of them (no cruel and unusual punishments, double jeopardy, etc.).

The Bill of Rights is NOT a shroud for criminals to hide behind, and perverting it to help dope smokers is, frankly, pretty unethical. I'm not saying drug users don't have rights; they certainly do and they deserve to be treated fairly. But this site's bias is obvious and it's awful slimy.

You can debate the rightness of drug laws all day, but as of now, possession and use of drugs is still illegal, and until drug users learn to control themselves and quit being a nuisance to society when they're high, drugs will remain illegal. The police have the right, delegated to them by the people, to seek and apprehend law breakers in any way available to them legally. If that means tricking or intimidating a stupid pot head, great. If you don't like that, try moving to a different country where the average citizen contact with the police begins with a beating and we'll see how long it takes for you to come running back to this "oppressive police state" called America.

Sorry, but them's just the facts.

Oh, and as a side note, the alliance between this site and the ACLU is a joke. The ACLU could be taken seriously too if only they believed in defending ALL the amendments instead of just the ones they personally believe in...

Amen.

Amen.

No

The amendments to the Bill of Rights in question were written to protect the *innocent* and they lay out a rough procedure in handling those suspected of crimes (warrants, compensation for confiscation, etc.), as well as those found guilty of them (no cruel and unusual punishments, double jeopardy, etc.).

Your logic is circular. Juries determine guilt or innocence. You’re saying the Bill of Rights is there to protect the innocent. How would we determine that without due process? Only innocence exists without due process. The Constitution protects us all, until we are proven guilty, and even after that we still have some rights (no cruel or unusual punishments, etc.) I know it’s a hard fact to swallow, but one of the problems with juries and the assumption of innocence is that criminals will sometimes go free. I can deal with that, considering that in any case criminals will go free no matter what, and sometimes criminals even wear badges and are above the law. It’s the price we pay for a free society.

. . . and until drug users learn to control themselves and quit being a nuisance to society when they're high, drugs will remain illegal

And until police and uninformed dopes stop hating on pot heads and focusing on real crimes, I think we should assert our rights.

delegated to them by the people,

Not in many cases they aren't. Law enforcement agencies lobby lawmakers, so they delegate powers to themselves too. See the DEA for more examples of this.

If you don't like that, try moving to a different country where the average citizen contact with the police begins with a beating and we'll see how long it takes for you to come running back to this "oppressive police state" called America.

More of this "You don't like it? Move to xxx! [pick a country for xxx]", nonsense. There are plenty of countries where police don't batter citizens every occasion they get. Watch me do the same thing with the following sentences. Perhaps we should move to other countries with more sensible drug/police policies, but I love this particular country (US), and people have the right to petition the government for redress to change things here. I just dislike people like you that make my country the bigoted hateful place it can sometimes be. And if you don't like that, then you can move to xxx (dictatorial country of your choice) where they don't have that right! Perhaps you would be more happy there, and please--do stay.

I know I didn't address your whole post. But I hope you can live with that.

And speaking of facts, drugs aren't even on the top ten lists of deaths in the US. The top 3 are heart disease, cancer and accidents (non-vehicular.) So we should really be illegalizing McDonalds and stairwells, if we want to use the safety argument.

"if that means tricking or in

"if that means tricking or intimidating a stupid pot head, great."

Is it just stupid pot heads who should be intimidated or are there any other people you think should get the special intimidation you sound so fond of?

"The amendments to the Bill of Rights in question were written to protect the *innocent* and they lay out a rough procedure in handling those suspected of crimes"

If the constitutional protections are only there to protect the innocent, why would we need them to apply to anyone accused of a crime or anyone convicted of one?

The rights you grant to a smelly pot head or any other group you vilify are the same rights you will have for yourself. Your desire to grant protections only to people you like (ie people like you) will always backfire. Before you go off and claim to be law abiding, innocent, and to have nothing to hide, check if your jurisdiction has an anti sodomy law that outlaws oral sex of any kind- homosexual or heterosexual. Mine does. I personally don't want a sheriff's deputy breaking down my door when my wife and I engage in what the majority in my state decided at some point was illegal. Are we innocent? not at all by your definition. Do we have a right to some privacy anyway? I hope so.

The Bill of rights exists to carve out a space where the neither the law nor the majority that votes for any law can intrude. If you can't think of any reason that would be useful. You need to get out more.

Sissys!

I see the majority of these posts here contain some hostility toward the mission of this site. I'm more than thankful for this website. I believe EVERYONE should have access to their rights. Criminal or not. Everyone (U.S. citizens) has the same rights covered in the constitution. And so what if this site helps 'the pot smoker, dope head, or criminal'. These are their rights too. And if you use your rights to free yourself from prosecution you must not have done anything too harmful to society, and we the tax payer don't have to worry about the judicial expenses of these people who use their rights to be free. I fully support the mission of this site and refer all my friends to it. Thanks, 'FlexYourRights'!

"Everyone (U.S. citizens) has

"Everyone (U.S. citizens) has the same rights covered in the constitution."

Even non-citizens have these rights under the Constitution. Even "illegal aliens" have these rights.

The constitution is the basis

The constitution is the basis of our legal system and the laws of the land. When the police violate the rights spelled out in the constitution, the police are breaking the very laws they are sworn to uphold. I want police who believe in and abide by the legal system. Those who do not are no better than the people they arrest (assuming they actually arrest the right person.)

RE: I do not advocate circumv

Feel free to give up your rights at every opportunity. I want mine. If you are too stupid to realize where this country is headed then you obviously don't need yours. Let me guess, you're probably one of those who actually believe everything you hear from "officials" or television right? You saw it on the news so it must be true. God help us... This country has really gone to hell.

When my wife and I go downtown we are not scared of some "terrorist". I don't believe some guy hiding out in a cave attacked this country. Not without a lot of help. I don't worry about crackheads behind every tree like the media says. I see them everyday. The only thing that scares us is an encounter with the assholes wearing a badge.

I have witnessed over 40 years of encounters between citizens and our public's "finest". (What a joke.) Yes, I do lump ALL of them together. Sleep with a dog wake up with fleas. Many of us have witnessed instances where one cop, who might have been a decent person, stood by while another cop blatantly abused their authority. Did they speak up? Did they attempt to intervene? Did they "Serve & Protect"?? Never! Not in one single instance that I have ever witnessed.

Solve crimes you said?? It is almost impossible for a crime to be solved by the police unless you have left very specific evidence behind. Despite what you see on C.S.I., most arrests and convictions come courtesy of friends, neighbors or family. Someone has told them where to look. They are called witnesses, informants or snitches. It is NOT good police work. I guarantee that if someone steals a kids bicycle off of my back porch it will NEVER be recovered unless that thief "brags" about their actions. THINK about it!! How could they possibly find it? You expecting fingerprints, DNA, semen samples, etc..?? Get real.

I have been robbed before. Courtesy of the U.S. Border Patrol. Bless their souls. You are aware of the corruption problems within that agency aren't you? Earlier in my life, when I still believed that the police were there to help us, there were a few instances where myself or family members have had occasion to call on our brave "finest". In every instance, without fail, it was:
A: a complete waste of time to call them or
B: they simply showed up and make things worse.

Calling the police now will be the last thing I would EVER do. I take it upon myself to secure my property. If something happens to get stolen then I blame myself for not securing it properly. This has proven to be a much better system for me.

I am also a firm believer in guns. Trust me, if you kick my door in I am not running to dial 911. I am running for my Mossberg 500. We will call 911 to come and clean up the mess. Do you really believe that the police are there to protect you? How can they protect a citizen from something like that? Are they mind-readers who know to show up at the moment that you raise your foot to kick my door? Only a complete and utter fool would rely on an "authorized" individual for personal protection.

I don't want you digging through my glove-box or rifling through the papers in my desk so why would I want to allow them the privilege? It has nothing to do with me wanting to hide anything. They are welcome to "solve crime" on your time, not mine.

The bottom line is that it is NOT your business and it is NOT their business to investigate me without cause. If they want to go fishing I would happily direct them to your pond.

Now, "Am I free to go?"

The funny thing about this si

The funny thing about this site is I believe the longer the negative post directly correlates with the longer criminal history of the author. Don't blame the cops for your misfortunes because I am sure they were brought on by you. I am happy that you no longer call the police because when I took my job, serving an a** like you is not what I had in mind.

What an intense scientific st

What an intense scientific study you must have performed to arrive at such an mind boggling conclusion. I must say, I whole-heartedly agree with the gentleman toting the Mossberg 500, and I could write paragraphs as to why I concur, and believe it or not, I do not have a criminal record. I would not even hesitate to take matters into my own hands if someone were to invade my home. I have absolutely no faith in law enforcement - HAVING WORKED FOR AND WITH THEM FOR OVER 25 YEARS. I can count the number of officers on one hand who are worth the paycheck they take home. I am also sick and tired of having an officer ask me where I am going and where am I coming from if I happen to get pulled over for a headlight out, etc. It is NONE OF THEIR BUSINESS. This is still America, and last time I checked, I was free to roam about at will unless I was trespassing on someone's property, which the public highways are not. I am sending this website to all of my friends and hopefully they will send it on to their friends. People need to be aware.

Same 'ol argument

The argument that someone MUST be a criminal if they stand up for their rights is SO played. I mean, c'mon find some new lies to believe!

Mr.Cop, the fact that someone like YOU is "serving" at all is scary to me. And it should scare all innocent OR guilty citizens in this country as well.

Real intelligent response, I would expect nothing less from one of the 'boys in blue'. Sounds like that 6 wks of training really educated you.

The real same "old argument"

The real same "old argument" on this site is why cops are harassing people with marijuana on their person instead of busting real criminals. Look at every topic on this site and you will find some underlying tone on this subject. Fact of the matter is we don't make the laws that have outlawed marijuana time and time again. The simple truth is I don't care if your a hard core felon or a "weed smoker" you still are not a productive member of society. I believe everyone should know your rights but don't get mad at the cops for doing there job. Are job is to deter crime and search out and stop criminal activity.

And to the poster about getting pulled over with a headlight out, fyi we don't really care where your going or coming from. Ever think that maybe the cop wants to determine if your impaired by hearing your response to his answers. Last time I checked, drunk drivers that I have pulled over don't have a name tag on their shirt saying, "Hi my name is John and I'm drunk." That's why we do ask questions to the people we have pulled over.

Hitlers goon's were just doin

Hitlers goon's were just doing there job as they were executing millions upon millions of civilians for, what was there crime?, being jewish? Everyone has a part in all that happens, in any attrocity, real or imagined. You might say we are either a victim or a victimizer. I usually root for the underdog. Our governments was set up to protect the underdog, not assassinate them. Look inside yourself for the truth, don't have someone tell you what the truth is.

I also would like to see you

I also would like to see you do my job for a year. Six weeks of training? Sorry sir, in MN it is required that you have a college degree (2 or 4 year degree plus the police academy) I would like to know what other job there is out there that serves so many roles. Cops have to be enforcers, educators, counselors, peacemakers, and also have so much knowledge regarding legal updates, criminal procedure, laws, etc. I know that one button you push on the assembly line might appear to be rocket science but honestly it's not.

9/11 changed everything

9/11 changes everything. That was W's self fulfilling prophecy.

First they came for the Communists,
- but I was not a communist so I did not speak out.
Then they came for the Socialists and the Trade Unionists,
- but I was neither, so I did not speak out.
Then they came for the Jews,
- but I was not a Jew so I did not speak out.
And when they came for me, there was no one left to speak out for me.
- attributed to Martin Niemöller

I stopped smoking grass about 30 years ago. I don't believe it's good for you, but by far the worst thing it can do for you is get you busted. Apart from what the penal system does to drug users, I've seen many more lives messed up by alcohol, the drug of choice of the Washington elite and the Republican right among others.

I am speaking out because an important step in preventing a totalitarian state is to speak up for those with out a voice. Otherwise you will eventually become one without a voice. 9/11 has escalated the use of these police state tactics and instead of only targeting minority group drug users, they are increasingly being used against those who oppose government policy.

So don't accuse FYR of undermining crime prevention. Totalitarian police tactics are a serious crime. Remember the Nazis and the Sovs

Post new comment





*

  • Allowed HTML tags: <a> <em> <strong> <cite> <code> <ul> <ol> <li> <dl> <dt> <dd> <div> <b> <i>
  • Lines and paragraphs break automatically.
  • Web and e-mail addresses are automatically converted into links.
Verify comment authorship
Captcha Image: you will need to recognize the text in it.
*
Please type in the letters/numbers that are shown in the image above.