criminal-law
How absolute is the advice, &#39;never talk to the police&#39;?
<p><em>[EDIT: Please assume U.S. jurisdiction, since that's what relevant to me.]</em></p>

<p>I was recently reminded of this interesting talk, '<a href="https://www.youtube.com/watch?v=d-7o9xYp7eE" rel="noreferrer">Don't Talk To The Police</a>' by Regent Law Professor James Duane.  Therein, he says (at 0:20) that he will "never talk to any police officer under any circumstances," and the bulk of his half of the video is him explaining why we should all resolve to do the same.</p>

<p>His 8 reasons are very compelling, but I can't seem to get over the utter absoluteness of the "never ... under any circumstances" bit.</p>

<p>What about these manufactured examples:</p>

<ul>
<li>Suppose I come to discover physical evidence that an adult has been sexting a minor.  In such a case I believe the law compels me to report my discovery to law enforcement.   Not only must I talk to them to convey the problem, but I'm certain they will have followup questions for me.</li>
<li>Suppose my epileptic spouse has a seizure in our residence directly behind a locked bathroom door that swings inward-- hinges are on on her side-- and I call 911 after I tear out the door to aid her.  A police officer shows up along with EMS, sees the broken door &amp; blood from a chewed up tongue and gets suspicious.  Let's say my spouse is still unconscious &amp; can't corroborate.  I'd need to communicate with EMS about my wife's condition &amp; what happened, but the officer is standing right there listening.  If I take the 5th, not only might my wife's medical care be impacted, but I will likely be arrested by default on suspicion of battery. (<em>As defaults go, this would actually be prudent on the officer's part, but would completely suck for me.</em>)</li>
<li>Suppose a police officer shows up at my house to investigate a burglary a few houses down the street, and is just knocking on doors asking neighbors if they saw or heard anything.</li>
</ul>

<p><strong>In which of those circumstances should I say "sorry officer, I'm not going to speak with you," and at what point?</strong></p>

<p>The basic reason to avoid speaking to police is the concern that something that you say will provide the police with a basis for arresting you or someone you care about, or charging you or someone you care about with a crime.</p>

<p>Often, the reason that the police are talking with someone is specifically for the purpose of developing probable cause or a case to convict someone of a crime, when without your information they wouldn't have that information.</p>

<p>Statements far short of a confession to committing a crime can be critical lynch pins in establishing a case against you. For example, a statement that confirms that you were in a particular place at a particular time could link you to a crime that happened at or near that location at that time, when otherwise the police might have no idea where you were at that time and might never link you to the crime.</p>

<p>Also, it isn't uncommon for a request for police assistance to end badly, with the police assistance being deployed against you, or the means used by the police to resolve a situation having a deadly or undesired outcome.</p>

<p>On the other hand, often you will need to communicate with police. You may need to report a crime for insurance purposes. You may need help when you or someone around you is currently being victimized by someone committing a crime. Cooperating with police to provide information may help to remove someone who is a potential threat to you or someone you care about from the streets.</p>

<p>A better rule than "never talk to the police" is really more along the lines of "think twice before talking to the police".</p>

<p>You should thoughtfully evaluate if what you hope to gain from doing so is greater than the risk that a case against you as a suspect could be established and is also greater than the risk that if the police do respond when you communicate with them that the situation could end badly. As you do this, try to see yourself from a police officer's perspective. How will you look? Also, are you capable of saying what needs to be said and then stopping, rather than blabbering on out of nervousness.</p>

<p>A related notion is that you should be much more wary about talking to the police when the police initiate the conversation than you are when you are the one initiating the conversation. This is because ulterior motives on the part of police that could harm you or people you care about are much more likely when the police initiate the conversation than when you do.</p>

<p>Yet another consideration is how much you understand about the situation you are in, how sophisticated you are in dealing with the police, and how glib you are compared to the average person.</p>

<p>For example, there are people who a guilty of a crime and are in a situation that they understand well where they are at high risk of being implicated in a crime, where smooth talking can deflect police attention away from you and onto another person or a non-existent suspect. But, not many people are smooth enough and understand their circumstances well enough to pull that off.</p>

<p>In general, the more that you fit "the profile" of someone the police are likely to suspect of a crime (e.g. if you are a young adult African American man in a "high crime neighborhood"), the more you should assume that responding to a police inquiry directed to you is a bad idea.</p>
