It’s #STFUfriday!
When cops ask you questions, ask for a lawyer and then STFU:
- I am not discussing how I’m doing or where I’m going.
- Am I free to leave?
- I am not answering any questions.
- If they ask to search anything: "I do not consent to a search."
- I want to speak to a lawyer.
Be polite. Be clear. Then STFU.
As with every #STFUfriday post, I'm a lawyer in the USA. These comments are based on law in the USA. (And they apply to all people in the USA, whether or not they are citizens and whether or not they speak English.) Some US states provide more protections than this. /END
@D_J_Nathanson kiddo is starting school Monday where the district brought back cops. So now I have to explain this to him. I guess if we weren’t white I likely already would have done that.
@johne I'm going to guess you're in Colorado from your instance. I don't practice there, so confirm for yourself, but it appears that Colorado like Massachusetts has an "interested adult rule" for juvenile interrogations.
I.e., statements of a juvenile made during custodial interrogation are inadmissible unless a parent is present during the interrogation and both the juvenile and parent are first advised of the juvenile's Miranda rights.
This rule is not required everywhere in the USA.
@johne
The rule articulated above is actually the Colorado rule, which is a bit stronger than the MA rule.
"Custodial interrogation" which triggers the Miranda protections is tricky.
Thread here:
https://mastodon.social/@D_J_Nathanson/112339565720752015