The Police are Here. They want To Talk To Me. What Should I Do?
According to Justice Robert Jackson:
“Any lawyer worth his salt will tell the suspect, in no uncertain terms, to make no statement to the police under any circumstances.”
The Heart of the problem according to Justice Breyer is:
“First, the complexity of modern federal criminal law, codified in several thousand sections of the United States Code and the virtually infinite variety of factual circumstances that might trigger an investigation into a possible violation of the law, make it difficult for anyone to know, in advance, just when a particular set of statements might later appear (to a prosecutor) to be relevant to some such investigation. ” (source)
“Estimates of the current size of the body of federal criminal law vary, but it has been reported that the Congressional Research Service cannot even count the current number of federal crimes. And these laws are scattered in over the 50 titles of the United States Code, encompassing roughly 27,000 pages. Worse yet, the statutory code sections often incorporate by reference the provisions and sanctions of administrative regulations promulgated by various regulatory agencies. Estimates of how many such regulations exist are even well less settled, but the American Bar Association believes there are nearly 10,000.” (source)
“we have emphasized that one of the Fifth Amendment’s “basic functions … is to protect innocent men … ‘who otherwise might be ensnared by ambiguous circumstances.’ ” Grunewald v. United States, 353 U.S. 391, 421 (1957) (quoting Slochower v. Board of Higher Ed. of New York City, 350 U.S. 551, 557—558 (1956)) (emphasis in original). In Grunewald, we recognized that truthful responses of an innocent witness, as well as those of a wrongdoer, may provide the government with incriminating evidence from the speaker’s own mouth. 353 U.S., at 421—422.” (source)
Why Should You Refuse To Talk To Police?
“You should refuse to talk with police because just about every darn thing you could ever do or think is illegal somewhere at some place and time. And if it isn’t, the police may say you did something else that is illegal.” (John H. Bryan, Attorney at Law)
And All These rules are selectively enforced.
“Even if your client is innocent and does not tell the police anything incriminating and his statement is videotaped, his answers can be used to crucify him…” (source)