When you are falsely accused of a gun crime

[TacShot]

Today's DUF Digest by Stephan P. Wenger had an article that led me to a web site telling the story of a man accused falsely of a gun crime. It is a frightening story, and it could happen to any one of us. His wife wrote a book about it and the book is reviewed, including "12 things you need to know," at the following web site: http://www.ammoland.com/2012/11/28/bogu ... z2DbhWnZ8H" onclick="window.open(this.href);return false;.

[Jumping Frog]

Very interesting article.

I know from going through the experience of a very close family member just how true it is that the legal system can grind up a falsely accused person.

[jimlongley]

Having been falsely accused once, I can recall it as being a horrible experience despite the fact that I eventually won. Going to buy the book today.

[57Coastie]

Today's DUF Digest by Stephan P. Wenger had an article that led me to a web site telling the story of a man accused falsely of a gun crime. It is a frightening story, and it could happen to any one of us. His wife wrote a book about it and the book is reviewed, including "12 things you need to know," at the following web site: http://www.ammoland.com/2012/11/28/bogu ... z2DbhWnZ8H" onclick="window.open(this.href);return false;.

The advice given in this book is of course not limited to bogus allegations of a gun crime.

They apply equally to bogus allegations of any crime, and also, IMHO, criminal allegations which are not bogus.

Jim

[Moby]

People often want to treat encounters with LEO's as a social interaction as that is what we do most often when enteracting with other humans.
However any officer responding is not speaking to you on a social level. Any questions asked are to investigate and well thought out by the officer.
But...as humans...officers have preconcieved notions. He is NOT thinking you are innocent. But deciding if you are guilty.

As a former LEO (and any LEO will tell you this) once 911 is called the "system" is activated. Once activated the legal system is in play.

I will only make the following statement to LEO's under any circumstances You might not beat the ride to jail over night, but you stand a good chance of beating a charge. YES, it is worth it in the long run by far.

"Officer I respect your authority and the tough job that you do. I will not resist you in any way and will comply with any instructions you give me.
however sir respectfully I do not, as a matter of standard, anwser any questions with an attorney present. I will not resist but do not consent to a search of my person, vehicle, or home also as a matter of standards I follow. If I am not being legally detained I wish to leave. If I am please conclude our business together and release me. And at this time sir with all due respect I wish to remain silent"

IT IS VERY IMPORTANT THAT YOU STATE YOU WISH TO REMAIN SILENT!!!!!! You MUST say the words!!!!
This involks your constitutional rights and limits the officer greatly. Maybe not on scene, but later in court.

From the article:
Everyone involved has the right to remain silent. Imagine the following scenario: Your spouse (or any loved one) has just been handcuffed and taken away from your home in a police car. You are out of your league with no idea what is going on, and you’re struggling with feelings of anxiety, panic, confusion, and fear. Meanwhile, other officers and detectives have remained at your residence. Your first instinct is to talk to them, to tell them the truth about what happened, and to prove to them that your spouse has done nothing wrong. Don’t.

Read more at Ammoland.com: http://www.ammoland.com/2012/11/28/bogu ... z2DiTnIqF9" onclick="window.open(this.href);return false;

Insist on a search warrant, even if you have nothing to hide. “Can we search the house?” If you know that you have not committed any wrongdoing and have nothing to hide, you may be tempted to answer this question with a “yes.” The more cooperative I am, the sooner this will be over, you reason. Maybe the officers will even see that I’m innocent, and my family will never be bothered again.

Read more at Ammoland.com: http://www.ammoland.com/2012/11/28/bogu ... z2DiUFMjcO" onclick="window.open(this.href);return false;

http://www.flexyourrights.org/" onclick="window.open(this.href);return false;

[SunKing]

Very good article - thanks for posting!

[tommyg]

i was robbed at gun point by two thugs the police accused me of making up a story.
They let me go because they could not prove that I was lying...I was 19 at the time

[tamc9395]

"Officer I respect your authority and the tough job that you do. I will not resist you in any way and will comply with any instructions you give me.
however sir respectfully I do not, as a matter of standard, anwser any questions with an attorney present. I will not resist but do not consent to a search of my person, vehicle, or home also as a matter of standards I follow. If I am not being legally detained I wish to leave. If I am please conclude our business together and release me. And at this time sir with all due respect I wish to remain silent

"


Moby - Thank you for a good quote that can help us all.

[57Coastie]

"Officer I respect your authority and the tough job that you do. I will not resist you in any way and will comply with any instructions you give me.
however sir respectfully I do not, as a matter of standard, anwser any questions with an attorney present. I will not resist but do not consent to a search of my person, vehicle, or home also as a matter of standards I follow. If I am not being legally detained I wish to leave. If I am please conclude our business together and release me. And at this time sir with all due respect I wish to remain silent

"


Moby - Thank you for a good quote that can help us all.

I was impressed by Moby's avatar -- an ex (current?) federal LEO. I would think this makes his comment even more praiseworthy.

Jim

[dac1842]

As a former LEO of 15 years, I agree 100% with Moby's post. When 911 is dialed and the police respond, everyone present falls into 1 of 3 categories, suspect, witness or victim. Through interrogation each person is placed in the appropriate category. So be careful of what you say.
Even with my experience I would be tempted to allow a consent to search, but I would not do it for one reason. First let me say I have nothing in my house I would be afraid for the Police to find. But, with a consent to search all items that could be illegal are on the table. With a search warrant the seizure is limited to items related to a specific crime. The search and seizure laws are complicated and there is no way to go into every scenario where something seized could or would be used against you. For example, if the police are investigating someone for making threats via the internet and while searching your computer for evidence related to the threats find child porn, well suffice to say your day just went from bad to worse. Conversely, if they are searching for a Glock 23 and open a small container (too small to hold a gun) that contains an illegal substance, while you might get charged with it initially , it will probably get thrown out as the police would have overstepped the scope of the search warrant. (there are varibles to this as well)
The bottom line is this, as much as I hate to admit it, when the legal system is activated everyone is suspect. There is a saying out there, though meant to be humorous is actually very true, In God we trust, everyone else is suspect.

[rp_photo]

Would it be correct to assume that Texas would be one of the better states to be in as far being accused of showing a weapon within one's home?

[Jumping Frog]

Would it be correct to assume that Texas would be one of the better states to be in as far being accused of showing a weapon within one's home?

No. I don't think so.

A firearm is legal in the home in lots of states. Texas has a stronger "law and order" mindset than many other states, however. It is easy to get caught up and ground up in the legal system.

[GWE Chally]

"Officer I respect your authority and the tough job that you do. I will not resist you in any way and will comply with any instructions you give me.
however sir respectfully I do not, as a matter of standard, answer any questions without an attorney present. I will not resist but do not consent to a search of my person, vehicle, or home also as a matter of standards I follow. If I am not being legally detained I wish to leave. If I am please conclude our business together and release me. And at this time sir with all due respect I wish to remain silent"

Great advice!

And you do, of course mean to say: "...without and attorney present".

[DevilDawg]

Snippet from Miranda, "everything you say can and will be used AGAINST you in a court of law."

Nothing you say will be able to be used to HELP you. Silence is your only course, once you inform them you refuse to answer questions without your lawyer present.

[Jumping Frog]

I do not, ...., answer any questions without an attorney present.

And you do, of course mean to say: "...without and attorney present".

What do you mean? Moby's is correct, not yours.