The use of deadly force with your weapon - Page 4
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Thread: The use of deadly force with your weapon

  1. #31
    Quote Originally Posted by sgtbill View Post
    I agree with everything up to this point but it may be because I spent over 25 years in Law Enforcement and over 20 years as a SWAT team member but the FIRST thing I do is RELOAD then follow the other advice.
    Bill
    I like your way of thinking :-)

  2.   
  3. #32
    Join Date
    Jun 2010
    Location
    Colorado Rocky Mountain High
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    3,900
    Quote Originally Posted by localgirl View Post
    I might throw up just a little :/

    But seriously, we talked about this in the "Never Talk to the Police" video thread, and I'm still unclear as to whether one should make like a clam immediately, or only if they are placed under arrest.

    The overhwelming and obvious issue is that ANYTHING you say CAN and WILL be used against you.

    But at what point?
    As soon as it comes out of your mouth.

    Officer, I fully intend to cooperated w/ this investigation. Right now I am very shook up and would like to speak to my attorney before making any further statement. You can always go back later and make a statement but once you've made a statement you can never call it back.



    Quote Originally Posted by RJT CCW View Post
    Please note that you can only invoke your 5th amendment rights once you are arrested. Pre-arrest silence can be noted by the police and then used against you. "He remained silent because he was hiding something."

    How to find out if you are under arrest.

    The above information is from Kevin Jamison/Tim Oliver's "Missouri Concealed Carry and Self-Defense Law" DVD.

    If Kevin Jamison & Tim Oliver are your attornies you need to fire them. You have the right to remain silent anytime you interact w/ the police. What the police infer from your silence means nothing . Remaining silent can not be held against you in court period .


    How to find out if you are under arrest.


    First off , you just shot somebody you are going to be under arrest. However, if there is any doubt in your mind the way to find out is simply ask "Officer, am I free to go?" If he says your not then you are at least detained.

    Either way you tell the cops you want to talk to your lawyer before making any statement.
    See, it's mumbo jumbo like that and skinny little lizards like you thinking they the last dragon that gives Kung Fu a bad name.
    http://www.gunrightsmedia.com/ Internet forum dedicated to second amendment

  4. lawyer

    Officer I have a ccw permit... this individual attacked me and I was in fear of my life. With all due respect I would like to remain silent until o speak with my laywer.... PERIOD.... IN A SITUATION LIKE THIS ITS VERRY LIKELY YOU COULD USE IMPROPER WORDNG THAT COULD RESULT IN MAKING IT LOOK LIKE AN UNJUST SELF DEFENSE SITUATION

  5. #34
    What I haven't read here yet is one very important piece of information: Be very careful of what you say when you do call 911. Remember, that conversation will be recorded! It can and will be used against you in court, if required.

  6. #35
    Join Date
    Feb 2009
    Location
    Keysville Va.
    Posts
    304
    As a retired Law Enforcement Officer I would suggest the following. After an incident I would do this.
    !. Call for an ambulance for hopefully the deceased.
    2. Call 911 and request the Police to respond to a shooting that you were involved in and that you would be standing by and dressed in such and such.
    3. Maintain control of your weapon untill the first officer in their patrol vehicle approaches you then place it back into your holster untill told what to do by the responding Officer.
    4. Hand the Officer your CCW Permit and along with a card that you can type up and laminate with the following on it ( I have given you my permit to carry a concealed weapon and unfortunatly I have had to use same. I wish to cooperate fully with Law Enforcement in this matter and do not wish to make your job any harder or make this any harder on myself ) I therfore wish to remaine SILENT untill I am in the PRESENCE of my ATTORNEY. I will not WAVE my RIGHT'S to an ATTORNEY untill he or she is in my PRESENCE.
    Signed William R.Hurley Sr.

    If you follow the above stated format and stick with it you can testify in court that this is what you did and produce a copy of the above stated card as the original will most likely be retained with the original case file. A Law Enforcement Officer will have a hard time makeing any statement from the sceen about what you said if you follow what it states on the card.

    This is my idea and it is produced from 25 years of handeling shooting calls in Law Enforcement. It is great to put it down on paper but another thing to do or follow after a shooting depending on who you are or what your life history is.
    Bill

  7. #36
    JSDinTexas Guest
    Quote Originally Posted by sgtbill View Post
    As a retired Law Enforcement Officer I would suggest the following. After an incident I would do this.
    !. Call for an ambulance for hopefully the deceased.
    2. Call 911 and request the Police to respond to a shooting that you were involved in and that you would be standing by and dressed in such and such.
    3. Maintain control of your weapon untill the first officer in their patrol vehicle approaches you then place it back into your holster untill told what to do by the responding Officer.
    4. Hand the Officer your CCW Permit and along with a card that you can type up and laminate with the following on it ( I have given you my permit to carry a concealed weapon and unfortunatly I have had to use same. I wish to cooperate fully with Law Enforcement in this matter and do not wish to make your job any harder or make this any harder on myself ) I therfore wish to remaine SILENT untill I am in the PRESENCE of my ATTORNEY. I will not WAVE my RIGHT'S to an ATTORNEY untill he or she is in my PRESENCE.
    Signed William R.Hurley Sr.

    If you follow the above stated format and stick with it you can testify in court that this is what you did and produce a copy of the above stated card as the original will most likely be retained with the original case file. A Law Enforcement Officer will have a hard time makeing any statement from the sceen about what you said if you follow what it states on the card.

    This is my idea and it is produced from 25 years of handeling shooting calls in Law Enforcement. It is great to put it down on paper but another thing to do or follow after a shooting depending on who you are or what your life history is.
    Bill
    Occasionally I run across advice on the forum that is good and I consider your info to be worth listening to.
    Two comments:
    On #3, I might holster my firearm before the officer gets there, unless the BG is still alive and may present an additional threat, or there is another reason to be ready to defend myself again, such as another BG that I can't locate.
    And #4, I'm not too much in favor of any written evidence at this time. I believe the permit speaks for itself and I believe the officer would require verbal response to Miranda anyway.
    But still, good advice.

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