He wrote a follow up book on this subject that basically says you can’t just not talk to police. You have to request a lawyer and only talk to police once your lawyer is present. If I remember correctly in the book he explains there have been some rulings that let them consider complete silence as admission of guilt. Been a while since I read it though so I’m sure I’m missing the nuance.

Edited to add the book https://www.amazon.com/You-Have-Right-Remain-Innocent/dp/1503933393/ref=nodl_

https://www.amazon.com/You-Have-Right-Remain-Innocent/dp/1503933393/ref=sr_1_1?crid=G82I6PWOOJ79&keywords=right+to+remain+innocent&qid=1572472514&sprefix=right+to+remain+in%2Caps%2C-1&sr=8-1

Well if the police do happen to speak to you, only say “I want a lawyer” https://www.amazon.co.uk/dp/1503933393/ref=cm_sw_r_cp_api_SNTXzb7V6S4T8

Dont tell the cops ANYTHING. It doesn't matter how fat he is, they're all trained the same way. Don't tell them where you're coming from or where you're going to, it is none of their business and they are looking for reasonable suspicion to search you. These people are not your friend, they exist to throw you in jail and they have been trained to manipulate you into making confessions, especially ones that are false. The same cops that are trying to elicite a confession are the same ones who tell their own family not to talk to the police and there is a reason for this.

Instead, exercise your fifth amendment right: "I wish to use my fifth amendment right to remain silent" "I don't answer questions" "I want to speak to a lawyer", "Am I free to go?" "No, I do not consent to a patdown or to being searched". If they do find something it will be a lot easier to have the charges dropped. If you don't have anything, don't put the ball in their court and ramble because they will find something in what you said to use against you. In some states you dont even have to provide your drivers license/identification unless you are pulled over while driving. This book is short and it is well worth reading because it tells you not only why you shouldn't talk to them but it also includes story after story of what happened to people who talked because they felt they "had nothing to hide". If a police officer asks if you have something to hide, say "No, I have nothing to prove to you. Am I free to go?"

If you can not find the book or afford it, this video will work as a valid substitute.

Last thing: It is legal for the police to lie to you but it is not legal for you to lie to them, this is from a supreme court ruling. The best course of action is again, say nothing other than here is my license and registration. He was trained to ask you about drugs and medication and that it what was used against you, you gave him probable cause to conduct a field sobriety test because he elicted a confession from you. He would have not been able to do this if you refused any questions. Now you see why it is not in your best interest to talk to them. Even though you were innocent and had nothing to hide, you still got busted.

James Duane's Book on this topic, You Have the Right to Remain Innocent, is also a very good short read.

https://www.amazon.com/You-Have-Right-Remain-Innocent/dp/1503933393

fyi....just passing along something I've read:
https://www.amazon.com/You-Have-Right-Remain-Innocent/dp/1503933393

You should NEVER talk to the police, especially federal agents.

You should not claim your right to remain silent, but instead exercise your right to a lawyer.

Demand gov't to provide written questions and only answer gov't in written statements

>The whole "ask for a lawyer" business is kind of overstated. The only thing a lawyer will advise you is to not say another word to the police. That's the entirety of the benefit of calling a lawyer. (Also, in circumstances where it's not clear that you've been detained/arrested, the lawyer will instruct you to ask the police if you can leave, and if offered the chance, to do so).
>
>Edit: you should still call a lawyer, because you're always better off with advice tailored to your situation than without it. I'm just pointing out it won't stop the police from asking the questions.

James Duane of the famous Don't Talk to the Police video recommends in his book You Have the Right to Remain Innocent that you should explicitly ask for a lawyer instead of pleading the fifth. He cites a supreme court decision that makes it so the fifth amendment no longer has the protections it used to have. Explicitly stating you want a lawyer and then remaining silent is your best option.

https://www.amazon.com/You-Have-Right-Remain-Innocent/dp/1503933393

They'll never allow books like that in there.

Did you watch the video? I watch it about twice a year, and i have his follow-up book on my phone’s kindle app.

https://www.amazon.com/You-Have-Right-Remain-Innocent/dp/1503933393

The book’s big takeaway is you should assert your 6TH amendment rights, vice pleading the fifth, because the 6th gets you your lawyer before the cops can ask you questions, and your lawyer tells you to shutup. Too many people have it in their mind that asserting your fifth amendment rights against self incrimination is something that only a guilty person would do, and saying the sixth doesnt have that widespread perception (yet).



If you didnt watch the video. Watch it.

Imagine you had an ex who lived in the next neighborhood over, and they died. The cops talk to you because the ex is always the one who did it, but you didnt, so you answer their questions to clear your name. When they ask if you were in that neighborhood, you say “i’ve not been their for YEARS!” but the cops already have a witness who says they saw someone who looks like you with a car like yours creepin around that neighborhood on the day of the murder. You get hauled in front of a jury, and a cop and a witness say you were there, and you look like a dirty liar and risk going to jail, whereas if you HADNT said anything, the cops would have a random witness and nothing about you being a dirty liar.

Worth watching the full thing.

The guy in that video wrote a book about not talking to police as well. It's not very long and it's pretty good.

Prof. James Duane wrote a book now, too - "You Have the Right to Remain Innocent".

Excellent read. Updated and expanded compared to the video.

The biggest problem is that as you read it, you hear him talking in that rapid-fire voice.

This is probably the most important video in the world, and more people need to see it. James Duane, the guy giving the talk, also wrote a book on the subject, which I can highly recommend:

https://www.amazon.com/You-Have-Right-Remain-Innocent/dp/1503933393/

TIP:

Watch Law Professor James Duane's lecture on Never Talking to The Police.

Then, go buy his book.

Yes, that's a LAW PROFESSOR telling LAW STUDENTS why you shouldn't speak to the police.

The live demonstrations alone are worth the lecture.

You have a right to remain innocent. This is a very quick and easy read. I generally hate lawyers and this guy puts disclaimers into the beginning that praise government, but i can't help but think he understands anarchy.

> Wouldn't that defeat the entire point of the fifth?

"The Department of Justice has now served official notice that it believes the courts should allow a prosecutor to argue under any circumstances that your willingness to assert the Fifth Amendment privilege can and should be used against you as evidence of your guilt." That's from James Duane's book. He's the "never talk to the police" attorney.

Further, Salinas V. Texas really fucked things up for everyone by establishing that "...the Fifth Amendment's Self-Incrimination Clause does not protect a defendant's refusal to answer questions asked by law enforcement before he has been arrested or read his Miranda rights."

So, yes, unfortunately, taking the 5th can indeed be used as evidence of your guilt—especially in civil matters, or in a deposition where you haven't been arrested and Mirandized.

This is a good video I watched a while back:
https://www.youtube.com/watch?v=i8z7NC5sgik

It's obviously for American law, but interesting.
While googling for it I found this article by vice: https://www.vice.com/en_ca/article/law-professor-police-interrogation-law-constitution-survival

The guy has apparently also written a book: https://www.amazon.ca/You-Have-Right-Remain-Innocent/dp/1503933393

Any Canadian lawyers know if this is mostly applicable to Canadian law?

This guy has a book now by the way, with specific advice and case studies. I recommend it for any illegal drug user.

https://www.amazon.com/You-Have-Right-Remain-Innocent/dp/1503933393

https://www.amazon.com/You-Have-Right-Remain-Innocent/dp/1503933393

That type of statement makes you look suspicious and uncooperative.

Nobody should talk to the police. If you do have to, give a very brief statement. Something like "that guy was doing X(reason you killed him), I had to protect myself and my family. I'll be happy to cooperate further after I speak to my lawyer, but I won't answer anymore questions right now"

Quite frankly, everyone should respectfully invoke their 5th Amendment right any time the police want to question you more than about what you're doing right here, right now, and who you are. Other than that, you should have a lawyer. Even if you didnt just shoot someone in self defense. You never know what a detective will try to pin on you after twisting your words or asking leading questions.

EDIT: Everyone should also read this book. Whether you carry a gun or not:
https://www.amazon.com/You-Have-Right-Remain-Innocent/dp/1503933393