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Thread: Evidence at Shooting Scene

  1. #11
    Join Date
    Feb 2010
    Location
    Santa Fe Area, New Mexico
    Posts
    3,487
    I would say that upon arrival and evaluation of the crime scene, the police will follow either one of two paths:
    1.) Evidence shows this was a legal shoot. They will gather as much evidence as possible, including photos, statements, shells and yes the machete. Combine a full report and turn it all over to the D.A. for his review. After his/her full review and possibly subsequent interviews he/she declares it a justifiable shoot and no charges pending.
    2.) Evidence shows there is probable cause that this was not a good shoot. A "Field" interview may be done during this "fact" finding and you're Mirandized.
    In either instance, I would be extremely careful giving any full blown statements. Be as concise as possible, but extremely limited on information. Remember, the D.A. makes the final decision on prosecution. The police just gather the evidence. IF PC is established at the scene, Lawyer up!

    "The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities." --author and philosopher Ayn Rand (1905-1982)

  2.   
  3. #12
    Join Date
    Mar 2009
    Location
    Indiana
    Posts
    993
    Regardless, it's not a case of justifiable homicide until the DA says it is. Your first interaction with the police at the scene of the shooting will not be after that occurrence, it will be before it. While you're babbling about how he came at you with a loaded .45, they could just as easily be taking the empty .40 into evidence, and now you're story is inconsistent with the facts in at least one aspect, causing them to suspect the rest of your babblings.

    TL;DR: STFU There is not the first goddamned thing you need to tell the police at the scene of a one-on-one self-defense justifiable homicide that can't wait until after you've talked with your lawyer, except that you want to talk to your lawyer, and that you'll remain silent until then.
    When they "Nudge. Shove. Shoot.",
    Don't retreat. Just reload.

  4. So at my Concealed Carry class last week found out about a law firm in Texas that will represent you at all stages, and answer all questions beforehand -- they are your Texas gun attorney on retainer. Texaslawshield.com -- dont know if other similar firms like Pre-paid Legal include the same kind of service in their much higher fees

  5. #14
    Join Date
    Sep 2009
    Location
    Lowcountry, SC
    Posts
    457
    Deinitely STFU. Simply say that this has been a traumatic experience and that you will be happy to give a full statement after you have spoken with your attorney.

    I stole this from a blog: After you receive your Miranda reading, tell the police you want to write a statement. Then write "I want to remain silent until my attorney is present".

  6. #15
    Join Date
    Sep 2009
    Location
    Lowcountry, SC
    Posts
    457
    Delete

  7. #16
    Join Date
    Dec 2009
    Location
    Minnesota
    Posts
    1,429
    Take pictures? why not?

    Don't touch anything.

    When you call 911, becareful of what you say.

    Remember, channel 5 news will play it on air.

    A jury may hear the recording.

    Remember, the police are not your friends.

    You have used a firearm in self defense.

    Some of the police think they are the only ones who have a "right" to shoot at other humans.

    Be polite with the police.

    Give them only name, rank, serial number.

    Find a criminal defense attorney.

    This is going to cost you. You were aware of that when you strapped on that pistol.

    Your firearm will be seized. You will have to jump through hoops to get it back.

    Some folks here say to carry a cheap pistol in the event you shoot someone.

    That way, when your pistol is seized, it's no big deal.

    I say BS. Carry something that works well, and works for you.

    Do not make any statements, oral, or written.

    Tell the cops you will be happy to talk with them, after you lawyer up.

    You may be cuffed up, and jailed.

    Not a fun thing to do.

    Jail sucks.

    The cops want you to talk.

    They want as many people in the system as they can get.

    That is what they do.

    Protect yourself.

  8. #17
    handgonnetoter Guest
    Quote Originally Posted by theicemanmpls View Post
    Take pictures? why not?

    Don't touch anything.

    When you call 911, becareful of what you say.

    Remember, channel 5 news will play it on air.

    A jury may hear the recording.

    Remember, the police are not your friends.

    You have used a firearm in self defense.

    Some of the police think they are the only ones who have a "right" to shoot at other humans.

    Be polite with the police.

    Give them only name, rank, serial number.

    Find a criminal defense attorney.

    This is going to cost you. You were aware of that when you strapped on that pistol.

    Your firearm will be seized. You will have to jump through hoops to get it back.

    Some folks here say to carry a cheap pistol in the event you shoot someone.

    That way, when your pistol is seized, it's no big deal.

    I say BS. Carry something that works well, and works for you.

    Do not make any statements, oral, or written.

    Tell the cops you will be happy to talk with them, after you lawyer up.

    You may be cuffed up, and jailed.

    Not a fun thing to do.

    Jail sucks.

    The cops want you to talk.

    They want as many people in the system as they can get.

    That is what they do.

    Protect yourself.
    Your right, just saw an episode of COPS the other day that almost that very same thing happened. Some dude in Arizona was at his home playing pool with two guys that were about half his age and bigger and stronger. Some kind of scuffle breaks out and the two younger guys start beating the tar out of the older guy. They really messed the old guy up. Old guy pulls his Kel Tec P3AT out and shoots one of the younger ones twice in the belly. The two younger ones leave and just start walking down the street. The older guy calls the cops and reports what happen, then they find the two younger ones and call an ambulance for the one who was shot. One cop, with the camera guy in tow, goes back to where the older dude was waiting out in front of his house for them - he was lying on the front lawn. He even had his gun unloaded and waiting for the police. (He had a CCW permit too!) The "better than thou cop" takes him into custody, even though the guys face looked like pizza, and confinscated his gun and said to the camera guy, "well, we arrested the shooter and got another gun off the street". Even my daughter looked at me and said "huh"? Just goes to show that even with the proper paperwork and legally own gun, in his own house to boot, those stupid cops hauled him off while rolling out the red carpet for the other two a_ _ holes.

  9. #18
    Quote Originally Posted by theicemanmpls View Post
    Take pictures? why not?

    Don't touch anything.

    When you call 911, becareful of what you say.

    Remember, channel 5 news will play it on air.

    A jury may hear the recording.

    Remember, the police are not your friends.

    You have used a firearm in self defense.

    Some of the police think they are the only ones who have a "right" to shoot at other humans.

    Be polite with the police.

    Give them only name, rank, serial number.

    Find a criminal defense attorney.

    This is going to cost you. You were aware of that when you strapped on that pistol.

    Your firearm will be seized. You will have to jump through hoops to get it back.

    Some folks here say to carry a cheap pistol in the event you shoot someone.

    That way, when your pistol is seized, it's no big deal.

    I say BS. Carry something that works well, and works for you.

    Do not make any statements, oral, or written.

    Tell the cops you will be happy to talk with them, after you lawyer up.

    You may be cuffed up, and jailed.

    Not a fun thing to do.

    Jail sucks.

    The cops want you to talk.

    They want as many people in the system as they can get.

    That is what they do.

    Protect yourself.
    Excellent Advice but you forgot about the recording equipment in the police car or van.I had a crooked Chief of police try this one on me. So I talked about his car, the weather, his G.P.S. system, and every time he tried to get me to talk about what happened I changed the subject on him. Keep your mouth shut! Anything you say can and will be used against you, and it is always used against you.

  10. Yes, and one more thing I learned at my CCL class, which was taught by a guy who is a police dispatcher. I had never though about this: when you are talking to them , it's like you are talking to the chief of police. So if they tell you to do something and you don't do it, then you can get in trouble. He advised to just give them the basics -- where you are, what happened, then HANG UP. Their job is to keep you on the phone as long as they can, which I suppose can be useful sometimes. You want a recording of the BG bashing in your door -- but not much else!

  11. Quote Originally Posted by theicemanmpls View Post
    take pictures? Why not?

    Don't touch anything.

    When you call 911, becareful of what you say.

    Remember, channel 5 news will play it on air.

    A jury may hear the recording.

    Remember, the police are not your friends.

    You have used a firearm in self defense.

    Some of the police think they are the only ones who have a "right" to shoot at other humans.

    Be polite with the police.

    Give them only name, rank, serial number.

    Find a criminal defense attorney.

    This is going to cost you. You were aware of that when you strapped on that pistol.

    Your firearm will be seized. You will have to jump through hoops to get it back.

    Some folks here say to carry a cheap pistol in the event you shoot someone.

    That way, when your pistol is seized, it's no big deal.

    I say bs. Carry something that works well, and works for you.

    Do not make any statements, oral, or written.

    Tell the cops you will be happy to talk with them, after you lawyer up.

    You may be cuffed up, and jailed.

    Not a fun thing to do.

    Jail sucks.

    The cops want you to talk.

    They want as many people in the system as they can get.

    That is what they do.

    Protect yourself.
    good post!

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