Refuse a Search, Request a Lawyer, Send you lawyer to talk to Police Alone , Never Talk to Police even with a Lwyer that was a Warning from a Supreme Court Justice
Just don't talk to police period. Only a judge in court can compel you to speak, no officer can ever force a word from your lips. Accept the cuffs and get paid
I remember the days when if you had nothing to hide you didn’t mind letting them look in your vehicle or whatever, you could talk to them and they we real people, they’d make sure you got home safe… those days are long gone. And it’s how they’re being trained now, not just a few bad apples.
His video “Never talk to the police” is THE BEST advice ever given. It’s 45 mins long, but worth the time to watch. I highly recommend all citizens watch that video after watching this video.
The video is 45 minutes long but, he doesn't talk for the entire runtime. It's important to note that his talk is 22 or so minutes and then everything he said is backed up 100 percent by a law enforcement subject matter expert. The LEO reinforces the myriad ways you can be found out, guilty or not guilty. With that said, he made a point to stress a case where he knew a suspect wasn't the guy, had enough evidence to convict but let him go because he knew he wasn't the guy. In that one portion he absolutely lied through his teeth. PD don't care if they get the right guy or not as long as they get a guy and it doesn't blow up in their faces. You remaining silent and invoking the 5th can be the biggest reason why you're either not convicted or charged.
Absolutely 100% agree! The video “Never Talk To the Police” is amazing. As is mentioned in the other comment, everything that is covered in the video about why you shouldn’t talk to the police is backed up by an actual police investigator. The investigator even lays out how the police can legally lie, mislead and trick people into admitting guilt if they speak to the cops.
@@razorbeard6970 I’ve watched that video numerous times, shared with everyone that’ll listen. I wish the comment section weren’t closed on it though. You can see the arrogance and ego in that cop who spoke. They really believe they are above us. The ones that don’t, don’t last long in law enforcement. I’ve always said, it’s the police culture that’s the underlying problem. No amount of reform will matter until the cancerous, corrupt, oath to the brotherhood above the Constitution, sociopath magnet police culture is completely flushed.
@@chevelle1 The issue which is better connected to this video is that separation from practical realities exists on all levels from PD to the judges on the Supreme Court. They have made decisions that make a large impact on enforcement and effectively make case law that causes unvoted on (from the legislature) revision to rightfully passed law. The problem arises when these aren't Constitutionally harmonic. The reason they make these decisions is because they are disconnected from the everyday reality most Americans face with these legal issues. The disconnect is felt differently by the justices as it is by PD and for different reasons. It's there nonetheless.
Mr. Duane, I want to thank you for your videos. I was falsely accused. I asserted my rights politely but firmly repeating I would like an attorney, tho I had no real idea what I was accused of. It made the police angry. Tried to knock me down. Sat me in a car with handcuffs digging my wrists with my own weight for around 3 hours. I remained silent. I hired a attorney, demanded a jury and was fully acquitted. The crimes I was accused of never in fact happened but were fiction. The thing is what they should say is anything you possibly say will be taken out of context and written in police reports to convict you. Anyway, if not for you I would be in prison rotting right now instead of enjoying my family, running my business, and if nothing else petting my dogs resting on my couch. Thank you sir. I am forever grateful for that video with excellent advice that preserved my family and life.
@@fauxfox7209 6:53 That's not how any of this works. Of course the police will suspect you if you refuse to talk. They can think whatever the hell they want. Be quiet. Especially if you're facing an accusation that requires a court trial. The 5th amendment exists for a reason and in the case of this comment saved an innocent man from going to prison. YOU, yes even you, no matter how far fetched it sounds, can incriminate yourself in a crime you've never even heard of even if you're as innocent as a baby. You need to watch the video again or pay attention. Do not talk to the police.
@@fauxfox7209 lies made me a suspect. But they new I was innocent be for they took me. Nothing I could have said would have helped me. Any thing I would say would be twisted out of context and used against me. If you do not understand that then be grateful you don't. Be happy it happened to me and not you or yours. I am much stronger today. I survived a attack of which all but about 1/2 of one percent fail survive. I did nothing wrong. I followed good advice. About 99.5% would have taken a plea in fear, taken a bench trial, been falsely convicted under the attack I suffered. The salem pd has no honor or integrity with fists in the air on knees with antifa. The assistant DA is a coward who fled the room in disgrace knowing the jury did not buy the lies he was attempting to pass. He stepped out and had another listen to the jury findings. Coward. That's what he gets for pushing falsehoods. For attempting to falsely convict a innocent man. For attempting to destroy my family and business. Coward and bully.
@@fauxfox7209 please watch the original lecture (never talk to police) to see why talking is ALWAYS a bad idea in every possible scenario you could think up. and yes his advice has helped me personally as well
I have known about the dirty tactics used by the criminal injustice system but this is eye opening on another level. “You can never talk your way out of a conviction, but you definitely can talk your way into one.”
I was asked to be -interrogated- interviewed after I filed a missing person report hoping they needed my help finding a friend at the time who disappeared Big mistake
I had a similar experience when my best friend went missing. He had recently gotten into drugs pretty heavily and suddenly disappeared one day without warning, car still parked outside his house. So I reported him kissing, and of course, I wanted to find him since he had been my best friend for 20 years, even though he had hit hard times, he always did right by me and he was a good person. Anyway, big mistake. Now all of a sudden I’m involved in some drug investigation, as a suspect, despite not knowing any of these people. I’m being attacked for hanging out with a “methhead”, clearly I’d be involved in drugs or else why would I hang out with such an individual(who had just gotten into drugs a few months before). The only thing that put an end to it was they finally found his body, with a self inflicted gunshot wound. The worst part is they never cared about finding him, they wanted to bust some dealers and nab someone for murder. They spent way more time investigating that aspect than looking for him.
@@joemamr710 Never assume police are good people. I hate the fact that you can’t assume that police actually care about innocence, but thems the facts.
His book boils down to many reasons why you only want to: 1) Tell police who you are 2) Tell police what you are _currently_ doing (not what you have done or what you are about to do) 3) When questioned further, say "I want a lawyer." Nothing else, just that. Don't reword it or put any "please" or "if you don't mind" or "I think" on it or anything else. 4) Repeat it until the lawyer arrives (either one you've hired or a free public defender which they have to provide), then follow your lawyer's advice. If you want to know they _why_ of all that, read the book. It's pretty exhaustive. But if at this point you trust him to have done his research, simply follow those four rules.
But nothing this guy says is if you’re the victim of a crime, only when the cops approach you to ask question. What if you went home and discovered a murder, an overdose, or suicide? Call 911, let them know a dead body has been found then shut up and ask for a lawyer if they arrest you?? I’m so confused of what to do in that kind of scenario. Do you make any kind of statement then or just let them arrest you? There’s someone dead in the house. How can any person not make a statement to cops of what they found if the rule is never talk to police under any circumstances? This talk is all about if they approach you, not if you stumble upon a horror. So what are you supposed to do then?
My daughter trusted an ACO. She was accused of hoarding chickens! ACO lied on search warrant. She faced 7 years in jail. She was given choice os "specialty court". She refused to surrender her chickens. She was told she would be charged unless she surrender chickens and go ro specialty court. Pretial hearing was zoom. She had pleaded not guilty and wanted a trial jury. She was badgered by prosecuting attorney and judge and kept saying "i want a jury trial". Why? Because 6 chickens had died. That was withheld until after trial. ACO lied on stand. But jurors believed her and she was found "not guilty", but not guilty is not innocent. Finger prints, mug shots. And chickens return needed veterinarian care. She had to post 9000.00 bond for chickens care. It was never returned. God bless the jury. Being silent doesn't work if they lie and prosecutors and judges are corrupt. 😢
Ordered the book. In the UK this advice still applies, but with a few variations. Firstly, our police are not allowed to lie during an interview. Things like "Your friend already confessed and admitted you did it" are right out. And they have to read you your right to silence the moment they have reason to believe you might have committed an offence. On the other hand they are allowed to tell the court you chose to remain silent. The best solution is to excercise that right from the very start. If you answer a bunch of questions and then suddenly choose to remain silent when they ask you a tricky question, and then in court you come up with a convenient answer to that question, the prosecution is allowed to suggest to the jury that that is mighty convenient. Stay silent from the start and that goes away. /Not a lawyer. Not legal advice.
Actually, in the UK, the jury could reach "adverse inferences" (basically take as a negative fact against you) if you choose to remain silent as to some fact that you later rely upon in court, or if you remain silent when asked why you are in a certain place (e.g. where you were arrested,) or how you came to be in possession of certain items (e.g. stolen goods.) In the US, there is an absolute right to remain silent by invoking the 5th amendment right against self-incrimination and demanding that a lawyer be furnished.
@Charles White You got it backwards bud, in the UK you can be guilty because you were silent, in the US you have no requirement to speak when arrested.
@Charles White What an absurd thought process you have. So, because someone chooses to not talk to people who's job is to manipulate you (the police) it's okay for the jury to decide that you're guilty? "Being a jury member is not about being totally scientific", jesus christ I hope you never end up on a jury, that's like the exact opposite attitude of what you're supposed to do as a jury member. If the evidence points to innocent you're not supposed to then turn around and go "yeah, but I had this gut feeling that he did it because he listened to rock and roll" or some stupid nonsense. God damn, people like you should be barred from reproducing.
Indeed, the right to privacy includes the right to not incriminate oneself and to be left alone, even by the state. This is a fundamental, inalienable and inherent right stemming from natural law but very rarely used. Problem is that most folk do not know their rights and so waive them the first chance they get.
This guy has a brilliant mind. He speaks so fast and yet so coherently and articulately and never fumbles with his word. Definitely on my top 5 list of lawyers I'd call if I ever have to go to court.
@@soupy5890 “Loose declamation may deceive the crowd, and seem more striking as it grows more loud; but sober sense rejects it with disdain, as naught but empty noise, and weak as vain.”
"I thought it was my apartment and even though I'm trained to pay attention I didn't notice different furniture, living space or the pictures of black people hanging everywhere"
Its the flaw of the system..Prosecuting Attorneys are elected to get convictions..THAT IS THEIR JOB !!! Law Enforcement are co conspirators in that endeavor.. Do you honestly think that a PA will pass up a chance to get a conviction if there is any reasonable doubt??? No they will try to paint the picture as negatively as possible, and leave it for the defense attorney to disprove guilt, or worse (for them) prove the innocence.. Think about it....
"I respectfully invoke my Fifth Amendment right to remain silent and my Sixth Amendment right to an attorney. I therefore request an attorney. Until I have one I will not answer any questions." This should do it.
oh law your could confess whatever is burdening your heart to the lawyer... and they give you good advice oh how to proceed, instead of someone who is waiting for you to fuck up and pin it on you... There are time for confessions and they aren't in an interview room.
Defendant: "I want a lawyer." Lawyer: "You gonna pay me $10,000?" Defendant: "I haven't go that kind of money." Lawyer: "Go to hell." as he slams down the receiver.
The RMPs got a tip of when I was in the army. I was in my last month of service. They checked my room and asked me why I had amphetimine in my room. I kept my mouth shut. By the time they organised a piss test it was 4 weeks later. Hypothetically (of course) it takes 48hrs for amphatemine to pass through your system. I had massive pressure to 'confess' before an impeding court martial, telling me they found drugs in my system, although they didn't state which one. They wanted to arrest me for intent to supply, not possession. Surprise, surprise, Army Legal (who function as the Prosecuter) had told the Regiment and the RMP's that there was no legal basis to enter my room based on hear'say. No legal basis = No admissiable evidence. No confession either. Which meant no conviction. I have a nice clean record, work as an accountant and got £7,000 for the hassle. Because I kept my mouth shut.
@@user-vg7zv5us5r cool, they can spend the time of tracking me down, then I'll say it was a creative writing exercise and then sue them again. Looking forward to it.
@Chaplain Bob Walker B. Th. Doesn't make what I said untrue. If he would simply want to inform he wouldn't tease and promote his book in every other sentence.
There’s another lecture he gave years ago that expands upon a lot of what he wouldn’t say in this lecture. It’s mainly the specific case studies he references in the book that he doesn’t expand on in this lecture. Btw I listened to the audiobook for free on scribd w a free trial that I canceled right after. Lol.
A few years ago I saw Professor Duane's video "Don't Talk to the Police". After that, I thought I learned everything necessary to deal with law enforcement - simply don't talk. Recently I got the new audio book "You Have the Right to Remain Innocent", and I was amazed how much I still needed to learn. Even total silence is not enough protection for innocent people (like me)! You need to know HOW to assert your rights. I highly recommend this book for everyone because everyone needs protection FROM the police. Without this knowledge, you are unprotected. Please read it and pass it on to everyone you know especially your children. Professor Duane is a true American Patriot. We need more.
@Ron Stone NYPD is exxactly like that. Sometimes I watch it to relearn how to keep my mouth SHUT. NOTHING I say to roaad pirates will help me. They are vermin with a badge with the means to take my life. The TRUMP PRESIDENCY has proven to me govmint badges are scum so I stand on the 5th.
@@howardfortyfive9676 the 5. ! What was it called... the 5. .....? I'm from Scandinavia and would like to read more about it but couldn't hear the word properly in order to make a search on it. Perhaps you will enlighten me?
@@Zehested it is not the 5, it is the 5th. As in the fifth amendment to the constitution of the United States of America. Among other things that amendment guarantees "the right to remain silent" which is what the other commenter is referring to.
@@brianzmek7272 Aha! The word I was asking for was Amendment🙂👍 now everything makes sense. We have something like the 5th Amendment too but its called something else. Thank you for helping me connect the dots, much appreciated 🙂
Ironically, that's exactly what he warns you not to do in his book. But he won't tell you here, because he wants you to buy it. The new secret is to ask for a lawyer before answering any questions.
it's not their job to be happy, it's their job to defend the country and the citizenry. That includes your right not to talk to anyone you don't want to.
You are not "taking" the fifth or "pleading" the fifth. Stop making it sound like a bad thing. You are EXERCISING YOUR FIFTH AMENDMENT RIGHT to remain silent.
If you don't want to buy the book, the SCOTUS' new legal requirements regarding the 5th are simply this: "Basically, if you're ever in any trouble with police (no, we don't condone breaking laws) and want to keep your mouth shut, you will need to announce that you're invoking your Fifth Amendment right instead of, you know, just keeping your mouth shut. "Petitioner's Fifth Amendment claim fails because he did not expressly invoke the privilege against self-incrimination in response to the officer's question," reads the opinion from Justice Samuel Alito, which Justice Kennedy and Chief Justice John Roberts backed. Justices Thomas and Scalia had a concurring opinion while the remaining four Supremes dissented." That means, you must say in absolute and firm terms: "I invoke my right to remain silent. I decline to answer any questions.", or "I invoke my right to legal counsel. Please give me a lawyer immediately". If you know this, and watch Duane's viral video, then you basically know everything you need.
Isn't stating "I will not answer your question" opening your mouth to a police officer? I would suggest simply not opening one's mouth to a police officer much less anybody.
sdozer1990 hmmm... stating that you're invoking your right is not talking to police, but rather by announcing it, you're making it absolutely clear that you choose to be silent. It's unfortunate that Justices have created this mess (which begs challenging), based on their individual perception and not on the Constitutional protections afforded to each individual, regardless of circumstances.
@@sdozer1990 It's been found by the US Supreme Court that just remaining completely silent is in fact admissible evidence of guilt. So no, you have to explicitly invoke your right to remain silent as above. I don't remember how much James Duane went over that in the video here, but it's a big part of what he writes about.
Here's how I would do it: "I respectfully invoke my Fifth Amendment right to remain silent and my Sixth Amendment right to an attorney. I therefore request an attorney. Until I have one I will not answer any questions."
I understood what he said for the most part, but there was one moment at the end where I all I heard was a jumble of syllables. I imagine he would be a challenge to understand for anyone who isn’t a native speaker
I got dismissed from jury duty because I said to the judge, "You'd better have something more than a police officer's word". I got dismissed so fast it would make your head spin.
You should’ve kept your mouth shut and just voted not guilty later. You could’ve saved someone from being convicted on insufficient evidence had you made an effort to stay on the jury
I did 1-2 months on a murder trial. I had a significant impact on their not guilty verdict. Of course I was getting 70+ a day. Now where I live it’s cents so most ignore it unfortunately because they can’t afford time off work.
Antonin Scalia was a legal giant, but not a lawful one. He was asked at a Senate hearing, why the constitution does not apply "In Court," and his response was "It simply doesn't," Surprisingly, no one asked the crucial follow-up question "Why not?""
Professor Duane has shared CRITICAL information with us, but he also had me in stitches through the video. This guy is also damn hilarious. Seriously, his comedic timing is great. He could do standup comedy, what an AMAZING teaching.
From a case in Texas this week: "He did not cooperate, because he requested a lawyer and said he did not want to talk with us," (Detective) Shupe said. The man was accused of driving his teenaged son before and after the son shot three other teens at a convenience store. The dad got life without parole. They cannot find the son. The quote is about the dad. I am not saying he’s guilty or innocent. I’m just saying that quote from a detective is a problem.
Thank you, James Duane, and the Cato Institution for posting this video on You Tube. Thank you, James Duane, for writing your excellent well-written and well-organized book.
Used to be that "Better a hundred guilty go free than an innocent be convicted" was the sentiment of the land. Now pleading the Fifth is seen as "getting off on a technicality." Sad. As an immigrant from a third world country (and a PROUD American Citizen!) all I can advise my fellow countrymen is: please cherish the Constitution and your God-given/Natural-born Rights as human beings! The Constitution only codifies what you already enjoy simply by birth! Professor Duane - Thank you for this follow-up video to your amazing initial video. And yes, the book is ordered!
One famous UK judge is on record It is good to convict the guilty But even better to convict an innocent person. Not the exact but the idea is the same. There are in UK many examples of innocents in prison.
I was a part of a big televised 1-2 month murder trial. We thought he did it but evidence was on the line. We decided that we’d rather let a guilty man walk (he wouldn’t pull this shit again and his sons/daughters were on his side) than put an innocent man in prison for murder. Mistrial by 11 not guilty to 1 guilty They tried him again (bs) and another mistrial with majority not guilty Tax payer money pissed away. I saw world renowned experts from both sides. Both sides spent millions.
@@SonoftheWarsrivate prisons, a judge wound up in prison cause he was max sentencing kids for minor charges. Threw the book at them because the private prison makes money on people locked up and they were paying him under the table to convict max sentencing. Disgusting.
"We're investigating the murder of a lawyer. Tell us who you killed." "Lawyer." Open and shut case, Johnson. Never, EVER talk to the police. Not one word.
The days of defense lawyers being assistive to the prosecutor have long been upon us. Beginning with civil rights waiver forms and negotiating plea deal options prior to formally interviewing their clients.
I once asked a couple of defense attorneys I was lunching with why they did not offer to teach this kind of material to high schoolers and college kids so they could avoid abuses by cops....they looked uncomfortable and mumbled something until I asked point blank what was up? the one said " Hey, lets face it, we make a living off of people who primarily do not know their rights and get charged. We mostly plea bargain and their parents pay us quite well even when it is a lost cause because they gave consent to a search or talked to the police.". In other words, the lawyers worry that fewer clients will be out there if people knew their rights. They do not want an informed clientele, but the typical victim that says " Well, I thought the cop would give me a break if I talked"...or " I thought that they would search the car anyway..it makes me look guilty to say no", etc. the they plea bargain and satisfy the one paying their fees that all was done that could be...which is true after all hope is lost due to giving up rights...very few lawyers more concerned about the future and our liberties than making money.
Yes they are too often uninterested in Justice but more so in getting acquittals for the guilty. "Challenging and testing the process" they call it. I can't fathom their indifference to morality as they exercise their profession. Thankfully some are motivated by career-enhancing wins from actual hard work for their clients.
@@Longtack55 I agree with this,I am now being harassed from time to time in the town that I reside in.My girlfriend and I got pulled over,she had no clue why we was getting pulled over,he then stated "O I guess you are wearing your seatbelt" The officer didn't want to see her documents,he wanted to speak with me,he did and Then asked for my I.D.I presented it (knowing that I didn't have to)Then,he threw it back at me stated that he wasn't going to run it,because he knew they had a warrant for my arrest.He was very rude to me in front of ,not only my girlfriend,but her kids aswell. ..After he let us go,my girlfriend got upset,so she tried to file a complaint.Shariff Tony (bcso) stated to her that he wasn't going to take this matter anyfarther.a couple days later,she made another attempt to get a complaint on file an she got brushed off again.Were I live the Sovern Citizens can do what they want.The people in these parts can't complaine according to BC they don't have forms here.if you would like to discuss more or share any input feel free to contact me.. judtinbrown613931@gmail
@Theodore Misc I don't think corrupt is really accurate, more that they believe their job is to close cases (police) even if they arrest the wrong person, and like defence attorneys are supposed to defend their client, guilty or innocent, because that is their job in the process, they (prosecutors) prosecute EVERY case that comes before them EVEN WHEN THEY KNOW THE ACCUSED IS INNOCENT! But corruption implies a concerted group effort to violate rights for some gain, and I find no gain there other than to punish those who refuse their plea agreement (ironicly the guilty would usually be happy with such an offer, while the innocent are rightly offended)
The first time i heard Duane speak, i was impressed by how good a lawyer and civil rights defender he is. By the third time i heard Duane speak, i was impressed by how good a book salesman he is.
I read it in a couple hours on the Amazon Prime reading. Absolutely insane. I'm gonna be shaking my head for the rest of my night shift in disbelief of how crazy our legal system is
@@kingleoxvii2463 huh, my comment never showed up... it's absolutely insane, and it has ruined what little trust I had in the legal system. Duane pulls up over a dozen case studies of people getting their lives completely screwed over in some of the most malicious ways.
@@kingleoxvii2463 until you have been screwed over by the government that is SUPPOSED to protect your rights, you will never fully comprehend how evil it is.....
This man is a saint. He should be a national hero, there should be statues dedicated to him and every school child should be taught to read his book. Yet, the average american still thinks the justice system works like they see on TV Police shows.
I had seen his older one "Don't talk to the police" a couple times before this one. But I had to order the book, too, before finishing this one. And for $5 on amazon, I thought "Why not?"
I doubt his book will teach anything more than what his first video and this one did, but I ordered it halfway through this video. Sounds like it will be a good read, and I'll make sure to pass it forward so it can hopefully help someone else. Going to get it for like $2.50 down from $5 after applying a couple of amazon credits :) I wish I'd seen his first video before being detained for four hours, before trying to talk through another 4 hours with the police to try and assert my innocence. Everything he says about the police's lies and techniques are scary accurate; I was played; how is this even legal for them? I never had any experience with the law before, and never expected to either. I jokingly say that I wish I would have done something so I would have known how the system works before hand. I assume most people learn too late as well. The irony is the back of a lawyer's card telling you to be silent, but by the time you have their card it's too late. Watching his first video in the middle of a pending case was the worst thing to watch after talking for four hours to the police, and the best thing to have finally seen -- although it be too late; it's like watching 10 things not to do before you get on a boat, and you're watching it on the boat already.
I've been trying to figure out why it's so difficult to ignore a police officer's interrogation (questions). The worst part of all this is, from a young age people have been indoctrinated to answer all questions from figures of authority. Most of us as a child got a smack on the head from a parent or guardian and an angry, "Hey the (teacher / grownup / police officer) is asking you a question, ANSWER HIM." This is deeply indoctrinated behavior and nearly impossible to change, even after reading these horror stories.
Watch some of the most skilled police investigators- this will sound dramatic, but I think they're trained in something like hypnosis. Once you're talking…
You'll find most people who are guilty want no part of a court process. You think an interrogation is the problem! 😆 If you are guilty, the police have evidence against you. Their job is to get a confession to avoid a trial if possible. A lawyer isn't going to wave his magic wand and stop that process from happening. He or she is just going to argue the best case they can & hope you get a reduced sentence, however, that will likely not be possible, due to not answering in an Interrogation.
@C. Michael nothing British about the video. I still would love to see him on the US Supreme Court, he has great respect for our Constitution & the rights of citizens
It’s funny, but my lawyer (who defended me in my delinquent youth and whose firm now represents my business) talks *_exactly_* like *Professor Duane...* several defense attorneys I’ve met have this similar fast paced and *_precise_* manner of speaking that I thoroughly enjoy !!
This is what we need to teach in school. Not only what the constitution says but what your rights are. Love you and the knowledge you share are indeed important to everyone.
I saw his original video randomly as it came on youtube feed 14 years ago. I thought wow I had no idea. Since then every time I see a true crime show, it amazes me no one invokes the 5th amendment. Then the detectives say she/he “didn’t act sad enough” or they will say she/he were “over the top with emotion.” Either way they questioned the credibility. Then they find some minor inconsistency, or something the person hid out of embarrassment during the interrogation, and that’s it. No other real evidence gets presented. Then the person is on trial and usually gets convicted. I downloaded this book just now. My kids are teens and I need to know what to tell them for their future benefit.
I remember several years ago a self-defense lawyer explaining the *one* exception he had for "don't talk to the police" -- if you have had to act in self defense, it's important to point out exonerating evidence before it gets lost, wanders off (in the case of eye-witnesses), or otherwise gets destroyed. However, he *did* give a caveat to that advice as well: it's *important* to give that information, ask for a lawyer, and say *nothing else* -- and if you're the type of person to ramble rather than to do *just* that, it's *still* a good idea to say nothing at all but "I need to speak with my lawyer".
Mike Erhmantraut in "Better call Saul" set the perfect example when he was questioned by the cops. The only word that came out of his mouth was "lawyer", each and every time they asked him a question he gave them the same reply: "lawyer". No more, no less.
"Any lawyer worth his salt will tell the suspect in no uncertain terms to make no statement to the police under any circumstances." Watts v. Indiana, 338 U.S. 49. Robert H. Jackson, Assistant General Counsel, IRS; Assistant Attorney General; Solicitor General of the United States; Attorney General of the United States; Associate Justice of the United States Supreme Court; US Chief Counsel of the International Military Tribunal (Nuremberg) Taking the advice of Robert Jackson and James Duane is the responsibility, the right and the duty of ALL Americans !!!
i regularly rewatch James Duane's excellent youtube video "dont talk to the police". brilliant lecture. i used to think the 5th amendment was just a shelter for wrongdoers but it really opened my eyes
Professor Duane, I absolutely loved your earlier video on "don't talk to police". This video is very good too. I just ordered your book from Amazon and very much look forward to reading it. Keep up the terrific work you are doing to educate Americans on the great fifth amendment left to us from our extremely intelligent founders.
@Hi Lo I have personal experience that I have shared on you tube. It is said only a fool represents himself. Whether we agree or not with that is up to us. The reason I hire a attorney is the same reason I do not captain a ship without training and experience. If I am accused falsely my very life is on the line and have no idea how to win a trial. It is not sufficient to stand be for the jury and repeat I did nothing wrong. I could not navigate the system in filings of documents. A hostile judge and district attorney together would eat my lunch. My new color would have been prison Orange. When your soap box is the whiteness stand and you own the worst seat in the house as the accused your perspective may be different. I can tell you with zero doubt I would be in prison on false claims had I not obtained a experienced attorney. I do understand your argument. The accused and jury have one thing in common the rest do not. What? They are not paid to be there. The accused wants the jury to listen closely. I myself am forever grateful to the jury for looking, listening, and understanding what the claims were, the laws, and bottom line of what was really going on. I was fully acquitted of all charges. It was terrifying. I watched the cowardly district attorney to be excused and a stand in called be for the jury announced the verdicts. The bastard fled.
@Hi Lo Hello, you do not know how I felt unless we could swap and you undergo the experience in my boots. So let me give you a brief taste. Dakota was 14. We were called from work to school. He had threatens to kill a school mate girl on the internet. Because we both showed up and they school and police could see how troubled we were they did not arrest him. I backed the schools play and put him to work at home. No remorse from him none. He colluded with a drunken neighbor that hates us while I was at work. Made 11 pages of lies attached to a football. My wife starts taking him to the hospital and they put him in the psyche ward at least twice. I finally realise through finding his hand written notes we are being played, fucked with. Spanked his ads hard with My bare hand. My wife gets in an argument with the neighbor and I tell him to stay away. Coarsely. My wife's birthday I take her to a movie and dinner. Return home to be arrested. During arrest I kept repeating I would like an attorney politely. They try to separate my wife and I and I beg her to stay which she did. Told her I believed they would write statements claiming I said them that I never would. I was cuffed. Led toward the car. Kid is laughing. Bastard accords the street is smirking. I said something to dakota and the cop tells me I can't talk to him. I told him I have the right to remain silent but he has no right to tell me who I can talk to. Then the cop starts shoving hard trying to knock me down. As I try to keep my feet he is looking to build resisting charges and I know it calling him out on it. They kept me in the car with my body weight on the cuffs for at least 3 hours. This was just the beginning of the abuse. 9 months later after I was drained of assets, liberty, courage, wellbeing, respect, honor, understanding..my faith in God was strong. I leaned upon him stepping forward and the jury understood the Real story setting me free. I was fully acquitted. Justice in this country is dead when there is no recourse. The destruction upon others continue. The cops committed perjury. The department covers knowing no one will help me and told me so. You cannot find held with sheriff, state police, or the FBI. No attorney will assist and the click passes another sentence. Meanwhile DHS abuses your family by disregarding the jury findings as nothing and writes founded dispositions to use in the future. We can debate theory as people are destroyed. What good is it? Where is the value?
@Hi Lo well mister. The cops are crooked the judge was crooked and my attorney was crooked. Tho you say what I did was all wrong I am a free man. Legally whole. My business and marriage intact. Tho you claim to be so enlightened you have not proven a dam thing. You know the numbers? 87% self convict. 1 to 1.5% go to jury and 5p% of those are convicted. The balance are dropped cases or bench trials. Tell me? What is the percentage go free with your suggestions? Good luck. I bet they are part of the 87% while I was in the .5 to .75. Thinking your blather equals conviction for most who follow your pied piping.
@Hi Lo No. You would have to live it to understand. You would have to survive as I did the full onslaught of the state trying to protect from damages. Words will never pass on such an experience. It's like explaining what it is to be self employed to an employee. You must live it. For you sake I hope you and every other soul never does. But the attacks on our people will continue until each of the bastard is financially destroyed or imprisoned. Good luck to you 87%.
I really struggled with this once when I was unwillingly given knowledge that someone was a pedophile. When he was reported, my information was given for corroboration. As someone who dealt with childhood sexual abuse and knowing that he was living with his girlfriend and her 3yr old little girl, it felt personally immoral for me to stay silent about what I knew. However, I was very careful about divulging my personal information, and thankfully, the PSP officer didn't really ask.
DO NOT FORGET: _You _*_MUST express your intent_*_ to exercise your right to remain silent!_ Silence itself _does _*_not_* automatically imply you are exercising that right, and until you make that known, adverse inferences *can and will* be drawn against you. - Supreme Court 5-4 decision, 2013, _'Salinas v. Texas'._
Remember in the Rittenhouse trial the prosecutor made big deal out of the fact Kyle took the 5th. The Judge rightly reamed him out for it but I'm pretty sure the jury heard it.
@@1978garfield The jury was removed from the room for that reaming. In fact, the jury was removed several times to chew out the prosecution for egregious behavior.
Heaven bless this man! My brother in law was almost arrested at the scene of an accident because the other person blamed him. He said and kept saying, I don't know what happened. As a result, no blame was attached, both insurance companies paid and the officer could not arrest anyone.
Last time I was pulled over was for a head light that was out. I was polite to the cop. The cop out of nowhere wanted to search my car. "I don't consent to any searches". Officer let me go with a warning to get my headlight fixed. Learn and know your rights.
13:43 - When they ask you about yourself during jury selection, stand up, state your name, invoke the 5th, and sit down. Apparently perjury crimes are levied against jurors too.
This information is so incredibly important, so much so that I tried to show this to my 10th grade Language Arts Class when we were studying Non-fiction, the Fifth Amendment, and rhetorical devices . Professor Duane has so much to share Unfortunately, his rate of speech is so rapid that he lost the students. High Schoolers are a tough audience, and they finally asked me to stop the video because he, "sounds like an auctioneer," and "talking so fast makes me feel like he is being dishonest". I have since purchased the audio book and kindle book for students to study independently. Thus far, he students have found Professor Duane' s words so much more palatable. Once they have heard/read his book, the video is a little more easy to take in. My hope is that Professor Duane 'land the plane' and slow down what he has to say in the video because seeing and hearing someone is so powerful for not only high school kids, but for all Human Beings. Thank you Professor Duane.
'"talking so fast makes me feel like he is being dishonest"' and where, how and by whom those youngsters were programmed with that meme would be one of the most insightful long term discussions and learning experiences I dare say any student/teacher relationship could have. Would relish knowing how an experiment like that turned out and what was ultimately discovered about how 'inalienable rights' were viewed after that. Cheers!
@@videogamebomer talking fast is a common mark of hucksters trying to fleece people.... talk faster than they can think and they fail to see the flaws in what the huckster is saying.... not so dumbass i think, but you need to apply logic to what is said instead of just assuming ALL fast talkers are hucksters...
@Truth Hurts WTF .... No one here is stating an opinion about your country , dude , the conversation is about his quick talk , you're either on the wrong thread or you're on ... something .... chill .
Seeing these videos, it makes me glad, that I am living in a country of civil law, in Germany. The prosecution and court is not only obliged to seek and use anything against you, but also anything that can be used for you. The court has to find out the truth, which means the court has to gather any possible evidence to find this truth and the prosecution will call for acquittal, if it turns out in court that the evidence doesn't proof the defendant's guilt. As a defendant you are not only allowed to lie, but it can not be used against you that you lied, too. If you lied, you don't get additional time, but if you got caught lying it will diminish your chances of a better sentence due to mitigating circumstances. It is easier to get a new trail if good evidence is gathered after the original conviction and innocent people who got wrongfully convicted get money for each day they were in prison, which is a real law, although it is not much. In the US there seems to be no law for compensation.
Germany is foundationally a common law country. The common law has been supplanted by civil law to a much greater degree than in Britain and the USA. The Anglo-Saxons, who established common law in Great Britain, are Germans from Saxony. Centuries of Roman rule in Britain brought Roman civil law in but common law dominated.
@@williamlawlor5969 - Truth is irrelevant as a defense when the state (government) chooses what can and cannot be mentioned. In the UK truth is no defense against accusations of defamation (libel and slander). In the USA what is important is whether anyone's feelings are hurt. Well, not ANYone's. Conservatives are fair game. Only Liberals, leftists' feelings are protected.
I saw his "Don't Talk to Police" video. I will now first get a lawyer and two, never talk to the police under any circumstances unless I'm granted immunity first. "Thanks James.
I've asserted my rights plenty of times, they don't care. The only way forward is to be integrated and wealthy enough to purchase justice through a lawyer.
Its 2023, I stumbled across this video; penny for anyone's thoughts. would I be right in thinking that, when one is speaking to police or lawyers, the average person may make the mistake of thinking that they're communicating in English; when in fact, the lawyer or police officer, is in fact talking to them in a 'legal' language? at least this is the impression I get. On the basis that this could be true, I have found, with my general knowledge of 'legalese', I feel I have more power over my own welfare than the average person, when communicating in the same 'legal language'.
One of my favorites: Owen vs city of independence Missouri : 1982 Officers of the court claiming to act in good faith does not relieve said officers from liability. Willful depravation or ignorance of the law cannot be claimed by a judge or officer of the law who's duty is to know the law. No judicial immunity if you violate someones constitutional rights! All officials who violate a citizens rights under Constitutional law put themselves in peril of criminal and civil recourse! As a citizen cannot claim ignorance of the law much less an official of the court. Supreme Court reports 100 vol P.1398 Maine vs fibbado 1982 100 supreme Court 100 vol p.2502 Also Owen vs city of independence Missouri : 1982
Thank you for posting this, it is a spiritual battle out here and unfortunately people don’t regard psychological comforts and fall for traps and snares.
Agreed! A neat party trick to learn the backwards sequence in its own right. Im actually impressed at how fast he speaks during the entire lecture. I have to keep checking I'm not listening to this in 1.5x
That is some common sense .But the phone is something I didn't think about . So thank you. I have always shown the utmost respect for officers pulling me over.I sit with hands on the wheel and wait for the officer to come to me.I tell them if my documents are in an odd place .That is because ,I want them to feel safe . Nervous police are ready to protect themselves.And they have a gun. ❤
New Technology is another factor. Most police are recording audio and video of every interaction , and can pick and choose how they use it. But you don't have automatic access to that data nor can it usually he used to exonerate anyone just convict them. And it ensures police won't miss or forget a word. They have all the power there. So literally your only move is to remain 100% silent as awkward as it feels or looks. And they will make it feel awkward. One needs to learn relaxation techniques to use if you find yourself targeted by our paramilitary militarized police-soldiers. These guys aren't the community police / public servants of the past. They treat citizens like an occupied population in the mideast like Iraq. They may be your neighbors but are NOT your buddies.
This is why the police are now some of the most hated people on the planet just like the Gestapo was. This is why when please come on the scene we are tempted to shoot first and ask questions later. It figures that they like to use the fireman for medical because they don't give a s*** about saving your life
Pfsif -Don't forget, another main LIE cops say after they shoot and kill you..."Well I was acting in good faith", while I was Lying through my teeth to them?! This is their best Lie given to "I.A."(Internal Affairs) and their 'police union attorney's' who are there to protect 'All their illegal/wrong doings!' Yup! Beware Dudes!
I have just found this professors you tube post. As a retired police officer who spent the last 6 years training UK police officers on investigative interviewing. I find his views both honest and academically interesting. I have always considered Chief Officers fail to devote time and resources to ensure police officer receive adequate training in the area of investigation skills, in particular the need for planned, ethical interviews. One only has to look at recent serious investigations where senior Officers have displayed utter incompetence. In recent years the UK has introduced the post of Police & Crime commissioners. A move clearly made to introduce political control over policing. Rather than spend money on professional academic training. Yet young officers are sent out to deal with criminals who are then represented by Lawyers of this Lawyer
I’m a really big fan of this lawyer’s work and really grateful for him informing the public about this stuff. What truly alarms me are those cases where somebody’s partner was murdered, the surviving spouse unknowingly becomes the suspect, and under the guise of helping the police find the killer the cops use their statements against them to help unknowingly convict him. In hypothetical situations like that, how should somebody respond to assert their rights? If my loved one was murdered, I’d most certainly want to do anything I could to help catch the actual culprit so whoever killed my loved one faces justice. How exactly should one go about that? James Duane is making it sound I ought to call a lawyer before 9-11 if I find my loved one murdered in my house or something lol. In this hypothetical scenario should I just follow a police report and tell them basically nothing outside of “I found my partner killed?” Anybody got any ideas?
Depends what it is. Personally my take is If you are immediately uncooperative and you immediately ask for a lawyer when pulled over you look suspicious like you are scared of something and by asking for a lawyer you are 100% arrested. You may get let go later but you are definitely being arrested. I would answer the basic questions and if it got any deeper and I felt he suspected I had committed a crime then i would ask for my lawyer. If you have absolutely nothing to hide, you are innocent and friendly with the officer so long as you are careful not to incriminate yourself (definitely risky and difficult for most people to do) you may get cut some slack and be allowed to leave. Something bigger and more complex 100% ask for a lawyer and shut up. But this isn’t advice just my opinion and personal feeling and I think most people should just shut up and ask for your lawyer.
He’s 100% correct! I have never been in trouble in my life and I even told my kid if the police want to question him for him to say I want an attorney and say no more!
Well, you are told of your rights before an interrogation takes place. After that, it's the suspects choices to determine if they think they can outsmart an interrogation, without going through a legal court case.
I made the mistake of voluntarily went down to talk to detective. I knew I had no reason to fear because I had done nothing wrong. I felt that I escaped by the skin of my teeth. They already had a file on me. I decided that I would never do it again.
I wish I could talk half as fast as this guy! What a command of the subject and the English language! Don't talk to the police. Just say that you have no statement and wish to speak to an attorney, repeatedly. Stick to your rights.
In the immortal words of Tom Segura: "I'm gonna talk to the police and straighten this whole thing out." "You're gonna do 25 to life, good luck with that."
You have a right to remain silent and thing you say or do can be used against you in the court of law you have a right to attorney if you don’t have the money for one it will Be Provided
Refuse a Search, Request a Lawyer, Send you lawyer to talk to Police Alone , Never Talk to Police even with a Lwyer that was a Warning from a Supreme Court Justice
Just don't talk to police period. Only a judge in court can compel you to speak, no officer can ever force a word from your lips. Accept the cuffs and get paid
I remember the days when if you had nothing to hide you didn’t mind letting them look in your vehicle or whatever, you could talk to them and they we real people, they’d make sure you got home safe… those days are long gone. And it’s how they’re being trained now, not just a few bad apples.
@@greenthumb8266 Those days never existed. Police has always existed to prosecute whatever society deems as an outsider.
His video “Never talk to the police” is THE BEST advice ever given. It’s 45 mins long, but worth the time to watch. I highly recommend all citizens watch that video after watching this video.
The video is 45 minutes long but, he doesn't talk for the entire runtime. It's important to note that his talk is 22 or so minutes and then everything he said is backed up 100 percent by a law enforcement subject matter expert. The LEO reinforces the myriad ways you can be found out, guilty or not guilty.
With that said, he made a point to stress a case where he knew a suspect wasn't the guy, had enough evidence to convict but let him go because he knew he wasn't the guy. In that one portion he absolutely lied through his teeth. PD don't care if they get the right guy or not as long as they get a guy and it doesn't blow up in their faces. You remaining silent and invoking the 5th can be the biggest reason why you're either not convicted or charged.
Absolutely 100% agree! The video “Never Talk To the Police” is amazing. As is mentioned in the other comment, everything that is covered in the video about why you shouldn’t talk to the police is backed up by an actual police investigator. The investigator even lays out how the police can legally lie, mislead and trick people into admitting guilt if they speak to the cops.
@@razorbeard6970 I’ve watched that video numerous times, shared with everyone that’ll listen. I wish the comment section weren’t closed on it though. You can see the arrogance and ego in that cop who spoke. They really believe they are above us. The ones that don’t, don’t last long in law enforcement. I’ve always said, it’s the police culture that’s the underlying problem. No amount of reform will matter until the cancerous, corrupt, oath to the brotherhood above the Constitution, sociopath magnet police culture is completely flushed.
@@chevelle1 The issue which is better connected to this video is that separation from practical realities exists on all levels from PD to the judges on the Supreme Court. They have made decisions that make a large impact on enforcement and effectively make case law that causes unvoted on (from the legislature) revision to rightfully passed law. The problem arises when these aren't Constitutionally harmonic. The reason they make these decisions is because they are disconnected from the everyday reality most Americans face with these legal issues. The disconnect is felt differently by the justices as it is by PD and for different reasons. It's there nonetheless.
@@razorbeard6970 what's the name of this man?
Mr. Duane, I want to thank you for your videos. I was falsely accused. I asserted my rights politely but firmly repeating I would like an attorney, tho I had no real idea what I was accused of. It made the police angry. Tried to knock me down. Sat me in a car with handcuffs digging my wrists with my own weight for around 3 hours. I remained silent. I hired a attorney, demanded a jury and was fully acquitted. The crimes I was accused of never in fact happened but were fiction. The thing is what they should say is anything you possibly say will be taken out of context and written in police reports to convict you. Anyway, if not for you I would be in prison rotting right now instead of enjoying my family, running my business, and if nothing else petting my dogs resting on my couch. Thank you sir. I am forever grateful for that video with excellent advice that preserved my family and life.
@cassl14 Thank you!
Pretty sure your silence made you a suspect to them.
@@fauxfox7209 6:53 That's not how any of this works. Of course the police will suspect you if you refuse to talk. They can think whatever the hell they want. Be quiet. Especially if you're facing an accusation that requires a court trial. The 5th amendment exists for a reason and in the case of this comment saved an innocent man from going to prison. YOU, yes even you, no matter how far fetched it sounds, can incriminate yourself in a crime you've never even heard of even if you're as innocent as a baby. You need to watch the video again or pay attention. Do not talk to the police.
@@fauxfox7209 lies made me a suspect. But they new I was innocent be for they took me. Nothing I could have said would have helped me. Any thing I would say would be twisted out of context and used against me. If you do not understand that then be grateful you don't. Be happy it happened to me and not you or yours. I am much stronger today. I survived a attack of which all but about 1/2 of one percent fail survive. I did nothing wrong. I followed good advice. About 99.5% would have taken a plea in fear, taken a bench trial, been falsely convicted under the attack I suffered. The salem pd has no honor or integrity with fists in the air on knees with antifa. The assistant DA is a coward who fled the room in disgrace knowing the jury did not buy the lies he was attempting to pass. He stepped out and had another listen to the jury findings. Coward. That's what he gets for pushing falsehoods. For attempting to falsely convict a innocent man. For attempting to destroy my family and business. Coward and bully.
@@fauxfox7209 please watch the original lecture (never talk to police) to see why talking is ALWAYS a bad idea in every possible scenario you could think up. and yes his advice has helped me personally as well
I have known about the dirty tactics used by the criminal injustice system but this is eye opening on another level. “You can never talk your way out of a conviction, but you definitely can talk your way into one.”
It’s much easier for an innocent person to be found guilty than for a guilty to be found innocent.
I was asked to be -interrogated- interviewed after I filed a missing person report hoping they needed my help finding a friend at the time who disappeared
Big mistake
I had a similar experience when my best friend went missing. He had recently gotten into drugs pretty heavily and suddenly disappeared one day without warning, car still parked outside his house.
So I reported him kissing, and of course, I wanted to find him since he had been my best friend for 20 years, even though he had hit hard times, he always did right by me and he was a good person.
Anyway, big mistake. Now all of a sudden I’m involved in some drug investigation, as a suspect, despite not knowing any of these people.
I’m being attacked for hanging out with a “methhead”, clearly I’d be involved in drugs or else why would I hang out with such an individual(who had just gotten into drugs a few months before).
The only thing that put an end to it was they finally found his body, with a self inflicted gunshot wound.
The worst part is they never cared about finding him, they wanted to bust some dealers and nab someone for murder. They spent way more time investigating that aspect than looking for him.
@@joemamr710 Never assume police are good people.
I hate the fact that you can’t assume that police actually care about innocence, but thems the facts.
"I hate the fact that you can’t assume that police actually care about innocence,"
Let's do something about it.
I love how fast Mr. Duane thinks and talks. I could never do that myself, but I CAN listen at that speed, so he's perfect to listen to for me.
Typically I listen at 125%.. had to go back to Normal speed. It was like a cartoon voice 🤤
He's remarkable, isn't he?
I was wondering if he might have tried meth for the first time before the speech.
Its called rehearsal fast talking an aneswer
You could if you gave the same presentation over and over and over and over.
His book boils down to many reasons why you only want to:
1) Tell police who you are
2) Tell police what you are _currently_ doing (not what you have done or what you are about to do)
3) When questioned further, say "I want a lawyer." Nothing else, just that. Don't reword it or put any "please" or "if you don't mind" or "I think" on it or anything else.
4) Repeat it until the lawyer arrives (either one you've hired or a free public defender which they have to provide), then follow your lawyer's advice.
If you want to know they _why_ of all that, read the book. It's pretty exhaustive. But if at this point you trust him to have done his research, simply follow those four rules.
@Joe Rogaine Your lawyer will handle that. That's the whole point.
Don't blindly trust public defenders. Their pay comes from the same government that will prosecute you, it's a conflict of interest
@@lawtutoring Don't blindly trust *anyone*. That's just common sense.
But nothing this guy says is if you’re the victim of a crime, only when the cops approach you to ask question. What if you went home and discovered a murder, an overdose, or suicide? Call 911, let them know a dead body has been found then shut up and ask for a lawyer if they arrest you?? I’m so confused of what to do in that kind of scenario. Do you make any kind of statement then or just let them arrest you? There’s someone dead in the house. How can any person not make a statement to cops of what they found if the rule is never talk to police under any circumstances? This talk is all about if they approach you, not if you stumble upon a horror. So what are you supposed to do then?
My daughter trusted an ACO. She was accused of hoarding chickens! ACO lied on search warrant. She faced 7 years in jail. She was given choice os "specialty court". She refused to surrender her chickens. She was told she would be charged unless she surrender chickens and go ro specialty court. Pretial hearing was zoom. She had pleaded not guilty and wanted a trial jury. She was badgered by prosecuting attorney and judge and kept saying "i want a jury trial". Why? Because 6 chickens had died. That was withheld until after trial. ACO lied on stand. But jurors believed her and she was found "not guilty", but not guilty is not innocent. Finger prints, mug shots. And chickens return needed veterinarian care. She had to post 9000.00 bond for chickens care. It was never returned. God bless the jury. Being silent doesn't work if they lie and prosecutors and judges are corrupt. 😢
Now that is one anecdote in desperate need of an innuendo xD...
Ordered the book. In the UK this advice still applies, but with a few variations. Firstly, our police are not allowed to lie during an interview. Things like "Your friend already confessed and admitted you did it" are right out. And they have to read you your right to silence the moment they have reason to believe you might have committed an offence. On the other hand they are allowed to tell the court you chose to remain silent. The best solution is to excercise that right from the very start. If you answer a bunch of questions and then suddenly choose to remain silent when they ask you a tricky question, and then in court you come up with a convenient answer to that question, the prosecution is allowed to suggest to the jury that that is mighty convenient. Stay silent from the start and that goes away.
/Not a lawyer. Not legal advice.
Great advice even though you are not a lawyer. Thanks from a fellow Brit
Actually, in the UK, the jury could reach "adverse inferences" (basically take as a negative fact against you) if you choose to remain silent as to some fact that you later rely upon in court, or if you remain silent when asked why you are in a certain place (e.g. where you were arrested,) or how you came to be in possession of certain items (e.g. stolen goods.) In the US, there is an absolute right to remain silent by invoking the 5th amendment right against self-incrimination and demanding that a lawyer be furnished.
@Charles White You got it backwards bud, in the UK you can be guilty because you were silent, in the US you have no requirement to speak when arrested.
@Charles White What an absurd thought process you have. So, because someone chooses to not talk to people who's job is to manipulate you (the police) it's okay for the jury to decide that you're guilty?
"Being a jury member is not about being totally scientific", jesus christ I hope you never end up on a jury, that's like the exact opposite attitude of what you're supposed to do as a jury member. If the evidence points to innocent you're not supposed to then turn around and go "yeah, but I had this gut feeling that he did it because he listened to rock and roll" or some stupid nonsense.
God damn, people like you should be barred from reproducing.
Indeed, the right to privacy includes the right to not incriminate oneself and to be left alone, even by the state. This is a fundamental, inalienable and inherent right stemming from natural law but very rarely used. Problem is that most folk do not know their rights and so waive them the first chance they get.
This guy has a brilliant mind. He speaks so fast and yet so coherently and articulately and never fumbles with his word. Definitely on my top 5 list of lawyers I'd call if I ever have to go to court.
Good lawers talk, great lawers speak at the speed of sound
@@soupy5890 “Loose declamation may deceive the crowd, and seem more striking as it grows more loud; but sober sense rejects it with disdain, as naught but empty noise, and weak as vain.”
The only word I heard him mince was "zyxwvutsrqponmlkjihgfedcba" 9:18
1. They are trained to lie.
2. They know they can get away with murder.
3. They will be believed no matter how outlandish the tale.
"I thought it was my apartment and even though I'm trained to pay attention I didn't notice different furniture, living space or the pictures of black people hanging everywhere"
Not always.
Especially if you hired a good lawyer, and STFU.
@Klaa2 Well, the one SwordInStone was talking about was convicted of murder... so...there's that.
@Frank Stein serve a year of community service or probation
Its the flaw of the system..Prosecuting Attorneys are elected to get convictions..THAT IS THEIR JOB !!! Law Enforcement are co conspirators in that endeavor.. Do you honestly think that a PA will pass up a chance to get a conviction if there is any reasonable doubt??? No they will try to paint the picture as negatively as possible, and leave it for the defense attorney to disprove guilt, or worse (for them) prove the innocence.. Think about it....
"I want a lawyer." End of story
attorney
"I respectfully invoke my Fifth Amendment right to remain silent and my Sixth Amendment right to an attorney. I therefore request an attorney. Until I have one I will not answer any questions." This should do it.
Edward Miessner and never fall for the lie they tell that asking for a lawyer will only make you look guilty
oh law your could confess whatever is burdening your heart to the lawyer... and they give you good advice oh how to proceed, instead of someone who is waiting for you to fuck up and pin it on you... There are time for confessions and they aren't in an interview room.
Defendant: "I want a lawyer." Lawyer: "You gonna pay me $10,000?" Defendant: "I haven't go that kind of money." Lawyer: "Go to hell." as he slams down the receiver.
The RMPs got a tip of when I was in the army. I was in my last month of service.
They checked my room and asked me why I had amphetimine in my room.
I kept my mouth shut. By the time they organised a piss test it was 4 weeks later. Hypothetically (of course) it takes 48hrs for amphatemine to pass through your system.
I had massive pressure to 'confess' before an impeding court martial, telling me they found drugs in my system, although they didn't state which one. They wanted to arrest me for intent to supply, not possession.
Surprise, surprise, Army Legal (who function as the Prosecuter) had told the Regiment and the RMP's that there was no legal basis to enter my room based on hear'say. No legal basis = No admissiable evidence.
No confession either. Which meant no conviction.
I have a nice clean record, work as an accountant and got £7,000 for the hassle. Because I kept my mouth shut.
Nice
and here you have just confessed it
@@user-vg7zv5us5r cool, they can spend the time of tracking me down, then I'll say it was a creative writing exercise and then sue them again. Looking forward to it.
@@bkray26 and this comment was just you telling us about an amazing fictional story exercising your amazing creative fictional writings skills *wink*
@@justamango942 bingo : )
We can only hope that he DOES somehow make it to the Supreme Court!
ChevySS1968 they don't want anybody in there that's willing to expose them the way he is
... previous comments pre Kavenaugh SCOTUS Hearing.
He doesn't give a shit either, he just wants to sell his book ;)
@Chaplain Bob Walker B. Th. Doesn't make what I said untrue.
If he would simply want to inform he wouldn't tease and promote his book in every other sentence.
There’s another lecture he gave years ago that expands upon a lot of what he wouldn’t say in this lecture. It’s mainly the specific case studies he references in the book that he doesn’t expand on in this lecture. Btw I listened to the audiobook for free on scribd w a free trial that I canceled right after. Lol.
I'm not even being questioned by police or anything like that and I am sold on getting this book. Well done professor.
I just bought it, it’s $9.99 at Barnes and Nobles. 20 bucks at expedited shipping. Cheap shipping prolly $15.
Or pick it up at the store for $9.99
A few years ago I saw Professor Duane's video "Don't Talk to the Police". After that, I thought I learned everything necessary to deal with law enforcement - simply don't talk. Recently I got the new audio book "You Have the Right to Remain Innocent", and I was amazed how much I still needed to learn. Even total silence is not enough protection for innocent people (like me)! You need to know HOW to assert your rights. I highly recommend this book for everyone because everyone needs protection FROM the police. Without this knowledge, you are unprotected. Please read it and pass it on to everyone you know especially your children. Professor Duane is a true American Patriot. We need more.
@Ron Stone NYPD is exxactly like that. Sometimes I watch it to relearn how to keep my mouth SHUT. NOTHING I say to roaad pirates will help me. They are vermin with a badge with the means to take my life. The TRUMP PRESIDENCY has proven to me govmint badges are scum so I stand on the 5th.
I actually believe your endorsement. I'll buy it.
@@howardfortyfive9676 the 5. ! What was it called... the 5. .....? I'm from Scandinavia and would like to read more about it but couldn't hear the word properly in order to make a search on it. Perhaps you will enlighten me?
@@Zehested it is not the 5, it is the 5th. As in the fifth amendment to the constitution of the United States of America. Among other things that amendment guarantees "the right to remain silent" which is what the other commenter is referring to.
@@brianzmek7272 Aha! The word I was asking for was Amendment🙂👍 now everything makes sense. We have something like the 5th Amendment too but its called something else. Thank you for helping me connect the dots, much appreciated 🙂
"Taking the fifth" pisses off police, but you GOT TO DO IT !!
Amen! If you have good evidence that could be useful to solve a crime have your lawyer plea it into the cops hand.
Get some kind of immunity.
Ironically, that's exactly what he warns you not to do in his book. But he won't tell you here, because he wants you to buy it. The new secret is to ask for a lawyer before answering any questions.
it's not their job to be happy, it's their job to defend the country and the citizenry.
That includes your right not to talk to anyone you don't want to.
You are not "taking" the fifth or "pleading" the fifth. Stop making it sound like a bad thing. You are EXERCISING YOUR FIFTH AMENDMENT RIGHT to remain silent.
If you don't want to buy the book, the SCOTUS' new legal requirements regarding the 5th are simply this:
"Basically, if you're ever in any trouble with police (no, we don't condone breaking laws) and want to keep your mouth shut, you will need to announce that you're invoking your Fifth Amendment right instead of, you know, just keeping your mouth shut. "Petitioner's Fifth Amendment claim fails because he did not expressly invoke the privilege against self-incrimination in response to the officer's question," reads the opinion from Justice Samuel Alito, which Justice Kennedy and Chief Justice John Roberts backed. Justices Thomas and Scalia had a concurring opinion while the remaining four Supremes dissented."
That means, you must say in absolute and firm terms: "I invoke my right to remain silent. I decline to answer any questions.", or "I invoke my right to legal counsel. Please give me a lawyer immediately".
If you know this, and watch Duane's viral video, then you basically know everything you need.
Isn't stating "I will not answer your question" opening your mouth to a police officer? I would suggest simply not opening one's mouth to a police officer much less anybody.
sdozer1990 hmmm... stating that you're invoking your right is not talking to police, but rather by announcing it, you're making it absolutely clear that you choose to be silent. It's unfortunate that Justices have created this mess (which begs challenging), based on their individual perception and not on the Constitutional protections afforded to each individual, regardless of circumstances.
@@sdozer1990 It's been found by the US Supreme Court that just remaining completely silent is in fact admissible evidence of guilt. So no, you have to explicitly invoke your right to remain silent as above. I don't remember how much James Duane went over that in the video here, but it's a big part of what he writes about.
@@phatman808 its in his book.
Here's how I would do it: "I respectfully invoke my Fifth Amendment right to remain silent and my Sixth Amendment right to an attorney. I therefore request an attorney. Until I have one I will not answer any questions."
He talks in the cadence of an auctioneer and slurs his words together in harmony, but still sounds amazing and can understand everything he says
I understood what he said for the most part, but there was one moment at the end where I all I heard was a jumble of syllables. I imagine he would be a challenge to understand for anyone who isn’t a native speaker
@@dave5194 It wasn't that bad ;)
I speak very, very fast, but this guy is the Michael Jordan of talking fast; I'm ashamed of thinking of myself a fast talker.
@@dave5194
I'm not a native speaker and i can understand him.He talks fast but he has an amazing enunciation.
I got dismissed from jury duty because I said to the judge, "You'd better have something more than a police officer's word". I got dismissed so fast it would make your head spin.
You should’ve kept your mouth shut and just voted not guilty later. You could’ve saved someone from being convicted on insufficient evidence had you made an effort to stay on the jury
I did 1-2 months on a murder trial. I had a significant impact on their not guilty verdict.
Of course I was getting 70+ a day. Now where I live it’s cents so most ignore it unfortunately because they can’t afford time off work.
Did you say this in court? What probably happened is that the prosecutor used a premtory challenge.
Antonin Scalia was a legal giant, but not a lawful one. He was asked at a Senate hearing, why the constitution does not apply "In Court," and his response was "It simply doesn't," Surprisingly, no one asked the crucial follow-up question "Why not?""
That's fascinating, I'll have to look up that hearing. But if they had asked him why and he had answered, the house of cards would come tumbling down.
Professor Duane has shared CRITICAL information with us, but he also had me in stitches through the video. This guy is also damn hilarious. Seriously, his comedic timing is great. He could do standup comedy, what an AMAZING teaching.
This is how teachers in any regard SHOULD be.
From a case in Texas this week:
"He did not cooperate, because he requested a lawyer and said he did not want to talk with us," (Detective) Shupe said.
The man was accused of driving his teenaged son before and after the son shot three other teens at a convenience store. The dad got life without parole. They cannot find the son. The quote is about the dad.
I am not saying he’s guilty or innocent. I’m just saying that quote from a detective is a problem.
Thank you, James Duane, and the Cato Institution for posting this video on You Tube. Thank you, James Duane, for writing your excellent well-written and well-organized book.
He is a legend. I watch his viral clip every year or so as a reminder of the right to remain silent.
Used to be that "Better a hundred guilty go free than an innocent be convicted" was the sentiment of the land. Now pleading the Fifth is seen as "getting off on a technicality."
Sad.
As an immigrant from a third world country (and a PROUD American Citizen!) all I can advise my fellow countrymen is: please cherish the Constitution and your God-given/Natural-born Rights as human beings! The Constitution only codifies what you already enjoy simply by birth!
Professor Duane - Thank you for this follow-up video to your amazing initial video.
And yes, the book is ordered!
One famous UK judge is on record
It is good to convict the guilty
But even better to convict an innocent person.
Not the exact but the idea is the same.
There are in UK many examples of innocents in prison.
@Lexington73300
What is happening with the 1/6 hearings and the fifth amendment?
Guha, we house 1/4 of the world's prison population yet are only 5% of the world's total population. Policing for profit will be America's legacy.
I was a part of a big televised 1-2 month murder trial. We thought he did it but evidence was on the line. We decided that we’d rather let a guilty man walk (he wouldn’t pull this shit again and his sons/daughters were on his side) than put an innocent man in prison for murder.
Mistrial by 11 not guilty to 1 guilty
They tried him again (bs) and another mistrial with majority not guilty
Tax payer money pissed away.
I saw world renowned experts from both sides. Both sides spent millions.
@@SonoftheWarsrivate prisons, a judge wound up in prison cause he was max sentencing kids for minor charges. Threw the book at them because the private prison makes money on people locked up and they were paying him under the table to convict max sentencing. Disgusting.
I was wrongly incarcerated and wish I had seen this beforehand! All I will ever say now is "Lawyer."
Have you got reinstated?
"We're investigating the murder of a lawyer. Tell us who you killed."
"Lawyer."
Open and shut case, Johnson.
Never, EVER talk to the police. Not one word.
Andrew Elias....even then, you’re gonna be there a LONG time without a lawyer unless you ask for one.
The days of defense lawyers being assistive to the prosecutor have long been upon us. Beginning with civil rights waiver forms and negotiating plea deal options prior to formally interviewing their clients.
How did he seem when he asked for his lawyer officer,
Officer: on edge as if he was worried that he had been caught...
I once asked a couple of defense attorneys I was lunching with why they did not offer to teach this kind of material to high schoolers and college kids so they could avoid abuses by cops....they looked uncomfortable and mumbled something until I asked point blank what was up? the one said " Hey, lets face it, we make a living off of people who primarily do not know their rights and get charged. We mostly plea bargain and their parents pay us quite well even when it is a lost cause because they gave consent to a search or talked to the police.". In other words, the lawyers worry that fewer clients will be out there if people knew their rights. They do not want an informed clientele, but the typical victim that says " Well, I thought the cop would give me a break if I talked"...or " I thought that they would search the car anyway..it makes me look guilty to say no", etc. the they plea bargain and satisfy the one paying their fees that all was done that could be...which is true after all hope is lost due to giving up rights...very few lawyers more concerned about the future and our liberties than making money.
Yes they are too often uninterested in Justice but more so in getting acquittals for the guilty. "Challenging and testing the process" they call it. I can't fathom their indifference to morality as they exercise their profession. Thankfully some are motivated by career-enhancing wins from actual hard work for their clients.
@@Longtack55 I agree with this,I am now being harassed from time to time in the town that I reside in.My girlfriend and I got pulled over,she had no clue why we was getting pulled over,he then stated "O I guess you are wearing your seatbelt" The officer didn't want to see her documents,he wanted to speak with me,he did and Then asked for my I.D.I presented it (knowing that I didn't have to)Then,he threw it back at me stated that he wasn't going to run it,because he knew they had a warrant for my arrest.He was very rude to me in front of ,not only my girlfriend,but her kids aswell. ..After he let us go,my girlfriend got upset,so she tried to file a complaint.Shariff Tony (bcso) stated to her that he wasn't going to take this matter anyfarther.a couple days later,she made another attempt to get a complaint on file an she got brushed off again.Were I live the Sovern Citizens can do what they want.The people in these parts can't complaine according to BC they don't have forms here.if you would like to discuss more or share any input feel free to contact me.. judtinbrown613931@gmail
@@waynobrown3274 If they had a warrant for your arrest, why didn't they arrest you?
@saturnaliamiracle that's a fact, you're correct.
@Theodore Misc I don't think corrupt is really accurate, more that they believe their job is to close cases (police) even if they arrest the wrong person, and like defence attorneys are supposed to defend their client, guilty or innocent, because that is their job in the process, they (prosecutors) prosecute EVERY case that comes before them EVEN WHEN THEY KNOW THE ACCUSED IS INNOCENT! But corruption implies a concerted group effort to violate rights for some gain, and I find no gain there other than to punish those who refuse their plea agreement (ironicly the guilty would usually be happy with such an offer, while the innocent are rightly offended)
The first time i heard Duane speak, i was impressed by how good a lawyer and civil rights defender he is.
By the third time i heard Duane speak, i was impressed by how good a book salesman he is.
I read it in a couple hours on the Amazon Prime reading. Absolutely insane. I'm gonna be shaking my head for the rest of my night shift in disbelief of how crazy our legal system is
@@GalokVonGreshnak was it really that bad? Not the book, but our legal system.
@@kingleoxvii2463 huh, my comment never showed up... it's absolutely insane, and it has ruined what little trust I had in the legal system. Duane pulls up over a dozen case studies of people getting their lives completely screwed over in some of the most malicious ways.
@@kingleoxvii2463 until you have been screwed over by the government that is SUPPOSED to protect your rights, you will never fully comprehend how evil it is.....
@@davidjones8942 I definitely believe that.
This man is a saint. He should be a national hero, there should be statues dedicated to him and every school child should be taught to read his book. Yet, the average american still thinks the justice system works like they see on TV Police shows.
I did what you said, alphabet backwards, asked him if he could do the same, now they're searching my car for cocaine.
Before I finished watching this video, I ordered his book.
Now you ought to watch the video that started all this. th-cam.com/video/d-7o9xYp7eE/w-d-xo.html
Same here! I paused it to order the book and came back to finish the video.
I had seen his older one "Don't talk to the police" a couple times before this one. But I had to order the book, too, before finishing this one. And for $5 on amazon, I thought "Why not?"
I doubt his book will teach anything more than what his first video and this one did, but I ordered it halfway through this video. Sounds like it will be a good read, and I'll make sure to pass it forward so it can hopefully help someone else. Going to get it for like $2.50 down from $5 after applying a couple of amazon credits :)
I wish I'd seen his first video before being detained for four hours, before trying to talk through another 4 hours with the police to try and assert my innocence. Everything he says about the police's lies and techniques are scary accurate; I was played; how is this even legal for them? I never had any experience with the law before, and never expected to either. I jokingly say that I wish I would have done something so I would have known how the system works before hand. I assume most people learn too late as well. The irony is the back of a lawyer's card telling you to be silent, but by the time you have their card it's too late. Watching his first video in the middle of a pending case was the worst thing to watch after talking for four hours to the police, and the best thing to have finally seen -- although it be too late; it's like watching 10 things not to do before you get on a boat, and you're watching it on the boat already.
Same
I've been trying to figure out why it's so difficult to ignore a police officer's interrogation (questions). The worst part of all this is, from a young age people have been indoctrinated to answer all questions from figures of authority.
Most of us as a child got a smack on the head from a parent or guardian and an angry, "Hey the (teacher / grownup / police officer) is asking you a question, ANSWER HIM." This is deeply indoctrinated behavior and nearly impossible to change, even after reading these horror stories.
world war 2 fallout
Watch some of the most skilled police investigators- this will sound dramatic, but I think they're trained in something like hypnosis. Once you're talking…
You'll find most people who are guilty want no part of a court process. You think an interrogation is the problem! 😆
If you are guilty, the police have evidence against you. Their job is to get a confession to avoid a trial if possible.
A lawyer isn't going to wave his magic wand and stop that process from happening.
He or she is just going to argue the best case they can & hope you get a reduced sentence, however, that will likely not be possible, due to not answering in an Interrogation.
@@wukongsun6223 you're wrong. Ppl have rights and they're valid this isn't commie land. 5a 6a!!!
@@Phrofetic_MayaN When did I ever state people didn't have rights??
And those rights only are as valid to when court proceedings start.
"I don't answer questions & I want my lawyer". Edit: I would LOVE to see Duane on the high court. How awesome that would be.
@C. Michael nothing British about the video. I still would love to see him on the US Supreme Court, he has great respect for our Constitution & the rights of citizens
It’s funny, but my lawyer (who defended me in my delinquent youth and whose firm now represents my business) talks *_exactly_* like *Professor Duane...* several defense attorneys I’ve met have this similar fast paced and *_precise_* manner of speaking that I thoroughly enjoy !!
No bullshit and too the point, couple jokes sprinkled here and there?
I love Professor Duane! He is a hero of mine!
yeah ill get right on that random youtube dude ;)
Huh?
Yeah, he's a hero of mine, too.
We need more Professor Duanes.
Love how fast he talks haha.
This is what we need to teach in school. Not only what the constitution says but what your rights are. Love you and the knowledge you share are indeed important to everyone.
Rights, taxes, entrepreneurship, trades like cnc coding / operating. Electrical, etc
Information like this is so valuable, it could keep you out of prison and could even save your life!
Fax
I saw his original video randomly as it came on youtube feed 14 years ago. I thought wow I had no idea. Since then every time I see a true crime show, it amazes me no one invokes the 5th amendment. Then the detectives say she/he “didn’t act sad enough” or they will say she/he were “over the top with emotion.” Either way they questioned the credibility. Then they find some minor inconsistency, or something the person hid out of embarrassment during the interrogation, and that’s it. No other real evidence gets presented. Then the person is on trial and usually gets convicted. I downloaded this book just now. My kids are teens and I need to know what to tell them for their future benefit.
I want to take this guys class
G Oboist I've taken it. He's awesome. He may speak fast, but he's teaches and writes very effectively.
Taking notes would be a nightmare
@ benignuman: your pencil would burst into flames.
It’s called the bill of rights.
@@Milesco maybe record it …
I remember several years ago a self-defense lawyer explaining the *one* exception he had for "don't talk to the police" -- if you have had to act in self defense, it's important to point out exonerating evidence before it gets lost, wanders off (in the case of eye-witnesses), or otherwise gets destroyed. However, he *did* give a caveat to that advice as well: it's *important* to give that information, ask for a lawyer, and say *nothing else* -- and if you're the type of person to ramble rather than to do *just* that, it's *still* a good idea to say nothing at all but "I need to speak with my lawyer".
This guy retired if i recall correctly, but my dad and my brother had him as professors for regent university. Man is brilliant
Mike Erhmantraut in "Better call Saul" set the perfect example when he was questioned by the cops. The only word that came out of his mouth was "lawyer", each and every time they asked him a question he gave them the same reply: "lawyer". No more, no less.
"Any lawyer worth his salt will tell the suspect in no uncertain terms to make no statement to the police under any circumstances." Watts v. Indiana, 338 U.S. 49. Robert H. Jackson, Assistant General Counsel, IRS; Assistant Attorney General; Solicitor General of the United States; Attorney General of the United States; Associate Justice of the United States Supreme Court; US Chief Counsel of the International Military Tribunal (Nuremberg) Taking the advice of Robert Jackson and James Duane is the responsibility, the right and the duty of ALL Americans !!!
i regularly rewatch James Duane's excellent youtube video "dont talk to the police". brilliant lecture. i used to think the 5th amendment was just a shelter for wrongdoers but it really opened my eyes
Professor Duane, I absolutely loved your earlier video on "don't talk to police". This video is very good too. I just ordered your book from Amazon and very much look forward to reading it. Keep up the terrific work you are doing to educate Americans on the great fifth amendment left to us from our extremely intelligent founders.
Fun Fact: Go into settings and adjust playback to .75 speed and it instantly makes the video more enjoyable, more realistic...
We are all one bad choice from needing an attorney...thanks for the video
Or one false accusation.
@Hi Lo I have personal experience that I have shared on you tube. It is said only a fool represents himself. Whether we agree or not with that is up to us. The reason I hire a attorney is the same reason I do not captain a ship without training and experience. If I am accused falsely my very life is on the line and have no idea how to win a trial. It is not sufficient to stand be for the jury and repeat I did nothing wrong. I could not navigate the system in filings of documents. A hostile judge and district attorney together would eat my lunch. My new color would have been prison Orange. When your soap box is the whiteness stand and you own the worst seat in the house as the accused your perspective may be different. I can tell you with zero doubt I would be in prison on false claims had I not obtained a experienced attorney. I do understand your argument. The accused and jury have one thing in common the rest do not. What? They are not paid to be there. The accused wants the jury to listen closely. I myself am forever grateful to the jury for looking, listening, and understanding what the claims were, the laws, and bottom line of what was really going on. I was fully acquitted of all charges. It was terrifying. I watched the cowardly district attorney to be excused and a stand in called be for the jury announced the verdicts. The bastard fled.
@Hi Lo Hello, you do not know how I felt unless we could swap and you undergo the experience in my boots. So let me give you a brief taste. Dakota was 14. We were called from work to school. He had threatens to kill a school mate girl on the internet. Because we both showed up and they school and police could see how troubled we were they did not arrest him. I backed the schools play and put him to work at home. No remorse from him none. He colluded with a drunken neighbor that hates us while I was at work. Made 11 pages of lies attached to a football. My wife starts taking him to the hospital and they put him in the psyche ward at least twice. I finally realise through finding his hand written notes we are being played, fucked with. Spanked his ads hard with My bare hand. My wife gets in an argument with the neighbor and I tell him to stay away. Coarsely. My wife's birthday I take her to a movie and dinner. Return home to be arrested. During arrest I kept repeating I would like an attorney politely. They try to separate my wife and I and I beg her to stay which she did. Told her I believed they would write statements claiming I said them that I never would. I was cuffed. Led toward the car. Kid is laughing. Bastard accords the street is smirking. I said something to dakota and the cop tells me I can't talk to him. I told him I have the right to remain silent but he has no right to tell me who I can talk to. Then the cop starts shoving hard trying to knock me down. As I try to keep my feet he is looking to build resisting charges and I know it calling him out on it. They kept me in the car with my body weight on the cuffs for at least 3 hours. This was just the beginning of the abuse. 9 months later after I was drained of assets, liberty, courage, wellbeing, respect, honor, understanding..my faith in God was strong. I leaned upon him stepping forward and the jury understood the Real story setting me free. I was fully acquitted. Justice in this country is dead when there is no recourse. The destruction upon others continue. The cops committed perjury. The department covers knowing no one will help me and told me so. You cannot find held with sheriff, state police, or the FBI. No attorney will assist and the click passes another sentence. Meanwhile DHS abuses your family by disregarding the jury findings as nothing and writes founded dispositions to use in the future. We can debate theory as people are destroyed. What good is it? Where is the value?
@Hi Lo well mister. The cops are crooked the judge was crooked and my attorney was crooked. Tho you say what I did was all wrong I am a free man. Legally whole. My business and marriage intact. Tho you claim to be so enlightened you have not proven a dam thing. You know the numbers? 87% self convict. 1 to 1.5% go to jury and 5p% of those are convicted. The balance are dropped cases or bench trials. Tell me? What is the percentage go free with your suggestions? Good luck. I bet they are part of the 87% while I was in the .5 to .75. Thinking your blather equals conviction for most who follow your pied piping.
@Hi Lo No. You would have to live it to understand. You would have to survive as I did the full onslaught of the state trying to protect from damages. Words will never pass on such an experience. It's like explaining what it is to be self employed to an employee. You must live it. For you sake I hope you and every other soul never does. But the attacks on our people will continue until each of the bastard is financially destroyed or imprisoned. Good luck to you 87%.
I really struggled with this once when I was unwillingly given knowledge that someone was a pedophile. When he was reported, my information was given for corroboration. As someone who dealt with childhood sexual abuse and knowing that he was living with his girlfriend and her 3yr old little girl, it felt personally immoral for me to stay silent about what I knew. However, I was very careful about divulging my personal information, and thankfully, the PSP officer didn't really ask.
Although hopefully this never happens to you again, in the future information like this could be conveyed through a letter from a lawyer.
DO NOT FORGET: _You _*_MUST express your intent_*_ to exercise your right to remain silent!_ Silence itself _does _*_not_* automatically imply you are exercising that right, and until you make that known, adverse inferences *can and will* be drawn against you.
- Supreme Court 5-4 decision, 2013, _'Salinas v. Texas'._
Remember in the Rittenhouse trial the prosecutor made big deal out of the fact Kyle took the 5th.
The Judge rightly reamed him out for it but I'm pretty sure the jury heard it.
@@1978garfield Yes but Judge Schroeder was an old school judge, not like the ones we have now.
@@1978garfield The jury was removed from the room for that reaming. In fact, the jury was removed several times to chew out the prosecution for egregious behavior.
What kind of moron would make that rule
Heaven bless this man! My brother in law was almost arrested at the scene of an accident because the other person blamed him. He said and kept saying, I don't know what happened. As a result, no blame was attached, both insurance companies paid and the officer could not arrest anyone.
This guy captured my attention within minutes. Enthralling! Informative, sensational without being sensationalist!
Finally someone speaking at a normal, intelligent speed and not dragging and wasting my time.
James Duane is not only a great criminal lawyer and crusader for freedom, he's the best book pitchman I've ever heard.
Or it’s just a great book
I been watching reruns of Cops in Pluto TV and constitutional rights are violated every show from start to finish.
Just like on GoodFellas. "You don't say nothing you don't get nothing." Jimmy the Gent
Never rat on your friends, and ALWAYS keep your mouth shut
What was the first thing Paulie told Henry ? Always keep your mouth shut !!!
@@katherinestiletto but what if your friends rat on you?
serioussam909 then you tell them they’re getting made and invite them upstate and clip ‘em
I am not amerikan, I watch james duane to rant about how I can understand his fast speech to my english learning friends
Last time I was pulled over was for a head light that was out. I was polite to the cop. The cop out of nowhere wanted to search my car. "I don't consent to any searches". Officer let me go with a warning to get my headlight fixed. Learn and know your rights.
“I do not consent to any searches or seizures of my car or my person”
They can pay you down for safety but not remove items like a Terry stop
13:43 - When they ask you about yourself during jury selection, stand up, state your name, invoke the 5th, and sit down. Apparently perjury crimes are levied against jurors too.
I absolutely loved this book. I will ensure my children read this book when they are old enough to understand
I bet if he read his on book on TH-cam, it would be done in 15 minutes.... Thanks for though, I like this guy.
Ditto
You think it would take THAT long?
@@dougoverhoff7568 It would take longer, because he would work in a few more jokes. He loves a crowd.
This information is so incredibly important, so much so that I tried to show this to my 10th grade Language Arts Class when we were studying Non-fiction, the Fifth Amendment, and rhetorical devices . Professor Duane has so much to share
Unfortunately, his rate of speech is so rapid that he lost the students. High Schoolers are a tough audience, and they finally asked me to stop the video because he, "sounds like an auctioneer," and "talking so fast makes me feel like he is being dishonest".
I have since purchased the audio book and kindle book for students to study independently. Thus far, he students have found Professor Duane' s words so much more palatable. Once they have heard/read his book, the video is a little more easy to take in.
My hope is that Professor Duane 'land the plane' and slow down what he has to say in the video because seeing and hearing someone is so powerful for not only high school kids, but for all Human Beings. Thank you Professor Duane.
'"talking so fast makes me feel like he is being dishonest"' and where, how and by whom those youngsters were programmed with that meme would be one of the most insightful long term discussions and learning experiences I dare say any student/teacher relationship could have. Would relish knowing how an experiment like that turned out and what was ultimately discovered about how 'inalienable rights' were viewed after that. Cheers!
Talking fast = dishonest that kids a dumbass
I've heard in court the person that talks fastest wins
@@videogamebomer talking fast is a common mark of hucksters trying to fleece people.... talk faster than they can think and they fail to see the flaws in what the huckster is saying.... not so dumbass i think, but you need to apply logic to what is said instead of just assuming ALL fast talkers are hucksters...
you can slow down youtube videos, works very well
Bought the audiobook on audible. Thanks to Mr Duane for narrating his own book
Did he narrate the book as fast as his talk?
@@wayneurquhart1967 The best 3 minutes ever!
Damn is it just me or is this guy talking a thousand miles a minute
He does talk that fast. It makes learning in his class rather tough lol.
I slow it down to 0.75 in the setting .
Cocaine
@Truth Hurts Or maybe English is their second language , Mr. Snotty .
@Truth Hurts WTF .... No one here is stating an opinion about your country , dude , the conversation is about his quick talk , you're either on the wrong thread or you're on ... something .... chill .
I'm guessing the thumbs down are the corrupt police. Great advice!
No, there's less than 100,000.
@C. Michael You should be locked up for the rest of your like to prevent you from breeding.
I was thinking the same thing. But, there is a percentage of bootlicking fools out there as well.
@@corydorastube he should be locked up for recommending that people exercise their rights?
You know what that makes you don't you?
8 years later, I still refer students to your work. I just bought the book. tx
I talked my way out of a DUI once. The Cop said, "he had never had anyone be honest with him before".
@ChiliContestWinner Exactly my point.
This clip sums it up
th-cam.com/video/VLZOFZggG4w/w-d-xo.html
99% will lock you up quick. You won the lottery or it was decades ago.
You could not be more correct. About 20 years ago I nearly talked myself into a felony indictment for a crime of which I was one of the victims.
@@UncleSemantic You talk to an attorney first before going to the police in my opinion. Always.
Talking to.the police is how innocent people go to jail.
Seeing these videos, it makes me glad, that I am living in a country of civil law, in Germany. The prosecution and court is not only obliged to seek and use anything against you, but also anything that can be used for you. The court has to find out the truth, which means the court has to gather any possible evidence to find this truth and the prosecution will call for acquittal, if it turns out in court that the evidence doesn't proof the defendant's guilt. As a defendant you are not only allowed to lie, but it can not be used against you that you lied, too. If you lied, you don't get additional time, but if you got caught lying it will diminish your chances of a better sentence due to mitigating circumstances. It is easier to get a new trail if good evidence is gathered after the original conviction and innocent people who got wrongfully convicted get money for each day they were in prison, which is a real law, although it is not much. In the US there seems to be no law for compensation.
Germany is foundationally a common law country. The common law has been supplanted by civil law to a much greater degree than in Britain and the USA.
The Anglo-Saxons, who established common law in Great Britain, are Germans from Saxony. Centuries of Roman rule in Britain brought Roman civil law in but common law dominated.
Don't talk about a certain thing in Germany or else you wind up in prison. Free speech isn't quite free in the fatherland.
@@williamlawlor5969 - Truth is irrelevant as a defense when the state (government) chooses what can and cannot be mentioned.
In the UK truth is no defense against accusations of defamation (libel and slander).
In the USA what is important is whether anyone's feelings are hurt. Well, not ANYone's. Conservatives are fair game. Only Liberals, leftists' feelings are protected.
It's the same in the US. Why would think its not?
@@algrayson8965 How is it possible to slander someone with factual statements?
I saw his "Don't Talk to Police" video. I will now first get a lawyer and two, never talk to the police under any circumstances unless I'm granted immunity first. "Thanks James.
I've asserted my rights plenty of times, they don't care. The only way forward is to be integrated and wealthy enough to purchase justice through a lawyer.
One day their brutality will backfire. 2020 mass protests was just the beginning.
Its 2023, I stumbled across this video; penny for anyone's thoughts. would I be right in thinking that, when one is speaking to police or lawyers, the average person may make the mistake of thinking that they're communicating in English; when in fact, the lawyer or police officer, is in fact talking to them in a 'legal' language? at least this is the impression I get. On the basis that this could be true, I have found, with my general knowledge of 'legalese', I feel I have more power over my own welfare than the average person, when communicating in the same 'legal language'.
Thank you Mr. Duane! Thank you Cato Institute for posting!
this guy is pure class
Talking to government will always hurt you
There he stands, every court stenographer's nightmare.
Ted cox 😂 yuuup
Haha so true. I was a court reporter for many years.
One of my favorites:
Owen vs city of independence Missouri : 1982
Officers of the court claiming to act in good faith does not relieve said officers from liability. Willful depravation or ignorance of the law cannot be claimed by a judge or officer of the law who's duty is to know the law.
No judicial immunity if you violate someones constitutional rights!
All officials who violate a citizens rights under Constitutional law put themselves in peril of criminal and civil recourse! As a citizen cannot claim ignorance of the law much less an official of the court.
Supreme Court reports 100 vol
P.1398
Maine vs fibbado 1982
100 supreme Court 100 vol p.2502
Also
Owen vs city of independence Missouri : 1982
Thank you for posting this, it is a spiritual battle out here and unfortunately people don’t regard psychological comforts and fall for traps and snares.
Still impressed at the speed how fast he can say the alphabet backwards so fast
Agreed! A neat party trick to learn the backwards sequence in its own right.
Im actually impressed at how fast he speaks during the entire lecture. I have to keep checking I'm not listening to this in 1.5x
That is some common sense .But the phone is something I didn't think about . So thank you. I have always shown the utmost respect for officers pulling me over.I sit with hands on the wheel and wait for the officer to come to me.I tell them if my documents are in an odd place .That is because ,I want them to feel safe . Nervous police are ready to protect themselves.And they have a gun. ❤
I AM An INVESTIGATOR with the PUBLIC DEFENDERS OFFICE ....and this LECTURE IS AWESOME ...
+Roberto R, boot licker
Found the sovereign citizen. Good luck with that buddy. Everything is defacto now.
New Technology is another factor. Most police are recording audio and video of every interaction , and can pick and choose how they use it. But you don't have automatic access to that data nor can it usually he used to exonerate anyone just convict them. And it ensures police won't miss or forget a word. They have all the power there. So literally your only move is to remain 100% silent as awkward as it feels or looks. And they will make it feel awkward. One needs to learn relaxation techniques to use if you find yourself targeted by our paramilitary militarized police-soldiers. These guys aren't the community police / public servants of the past. They treat citizens like an occupied population in the mideast like Iraq. They may be your neighbors but are NOT your buddies.
This is why the police are now some of the most hated people on the planet just like the Gestapo was. This is why when please come on the scene we are tempted to shoot first and ask questions later. It figures that they like to use the fireman for medical because they don't give a s*** about saving your life
1. He was resisting arrest. 2. He was reaching for my gun. 3. I was in fear for my life. Magic cop words.
Not any more...
@michael kuhl, bet
Pfsif -Don't forget, another main LIE cops say after they shoot and kill you..."Well I was acting in good faith", while I was Lying through my teeth to them?!
This is their best Lie given to "I.A."(Internal Affairs) and their 'police union attorney's' who are there to protect 'All their illegal/wrong doings!'
Yup! Beware Dudes!
You forgot "I smelled pot".
@@JoeSmith-xm3wb
Look up the Lieber Code 15 acting in bad and good faith. We are in Marshall law enforcement!
I have just found this professors you tube post. As a retired police officer who spent the last 6 years training UK police officers on investigative interviewing. I find his views both honest and academically interesting. I have always considered Chief Officers fail to devote time and resources to ensure police officer receive adequate training in the area of investigation skills, in particular the need for planned, ethical interviews. One only has to look at recent serious investigations where senior Officers have displayed utter incompetence. In recent years the UK has introduced the post of Police & Crime commissioners. A move clearly made to introduce political control over policing. Rather than spend money on professional academic training. Yet young officers are sent out to deal with criminals who are then represented by Lawyers of this Lawyer
I could listen to him talk for hours.
I’m a really big fan of this lawyer’s work and really grateful for him informing the public about this stuff. What truly alarms me are those cases where somebody’s partner was murdered, the surviving spouse unknowingly becomes the suspect, and under the guise of helping the police find the killer the cops use their statements against them to help unknowingly convict him.
In hypothetical situations like that, how should somebody respond to assert their rights? If my loved one was murdered, I’d most certainly want to do anything I could to help catch the actual culprit so whoever killed my loved one faces justice. How exactly should one go about that? James Duane is making it sound I ought to call a lawyer before 9-11 if I find my loved one murdered in my house or something lol. In this hypothetical scenario should I just follow a police report and tell them basically nothing outside of “I found my partner killed?” Anybody got any ideas?
Ah!! It's the "never talk to police" guy! That video is FANTASTIC, and I've recommended it to many people (including many cop friends, lol).
Depends what it is.
Personally my take is If you are immediately uncooperative and you immediately ask for a lawyer when pulled over you look suspicious like you are scared of something and by asking for a lawyer you are 100% arrested. You may get let go later but you are definitely being arrested.
I would answer the basic questions and if it got any deeper and I felt he suspected I had committed a crime then i would ask for my lawyer.
If you have absolutely nothing to hide, you are innocent and friendly with the officer so long as you are careful not to incriminate yourself (definitely risky and difficult for most people to do) you may get cut some slack and be allowed to leave.
Something bigger and more complex 100% ask for a lawyer and shut up. But this isn’t advice just my opinion and personal feeling and I think most people should just shut up and ask for your lawyer.
I dont know if you all agree, but this guy is one awesome human being.
Book purchased. And I've watched Don't Talk to the Police video several times. This guy cracks me up.
80% of convictions.
Is because they said something.
Never miss an opportunity to keep your mouth shut.
you can’t talk your way out of cuffs but you can talk your way right into them
Love the book, reading it yet again for clarity. I look forward to your service on the Supreme Court, enjoy your vacation in DC.
He’s 100% correct! I have never been in trouble in my life and I even told my kid if the police want to question him for him to say I want an attorney and say no more!
100% right on point MR Duane ..thank you .do not talk ever to police.
If you don't stand up for your Rights you have no Rights.
Well, you are told of your rights before an interrogation takes place. After that, it's the suspects choices to determine if they think they can outsmart an interrogation, without going through a legal court case.
I made the mistake of voluntarily went down to talk to detective. I knew I had no reason to fear because I had done nothing wrong. I felt that I escaped by the skin of my teeth. They already had a file on me. I decided that I would never do it again.
Glad you got out bro. Spread the word so your friends and family are aware too.
I wish I could talk half as fast as this guy! What a command of the subject and the English language! Don't talk to the police. Just say that you have no statement and wish to speak to an attorney, repeatedly. Stick to your rights.
In the immortal words of Tom Segura:
"I'm gonna talk to the police and straighten this whole thing out."
"You're gonna do 25 to life, good luck with that."
You have a right to remain silent and thing you say or do can be used against you in the court of law you have a right to attorney if you don’t have the money for one it will Be Provided