NEVER TALK TO POLICE

NEVER TALK TO POLICE

The war in Afghanistan is no threat to me . . . but the police state in America threatens my liberties every day.

So, I have learned to never, never, no, never, never talk to cops – –  even if I am innocent!

As a Christian man, I will never answer a cops questions for the following reasons:

First, cops are professional accusers, professional witnesses, professional complainers, and State-licensed trained Assassins.

I am not a professional, trained interviewee. They spend 24/7 talking to, interviewing, interrogating, and ticketing people as the State’s revenue agents. This is their playground, not mine.

Second, cops / detectives are 100 times more sophisticated (manipulative) than I am.

I can’t handle professional accusers who are paid to trap people. Just like I wouldn’t stand a chance in a fight against a professional cage fighter, I won’t stand a chance against a professional interrogator.

Like all men, they are sinners too . . .  except they are in a position to do more damage by their sin than ordinary transgressors.

Don’t hear what is not being said. I didn’t say cops are smart. These high school grads are dummer than a hammer . . . but they know how to bully and intimidate people.

Third, the job of cops is to find “probable cause,” and ask questions until the person incriminates themselves or makes a confession.

They are being paid to accuse someone . . . that is get some turkey on the cutting block so all State employees can be served dinner. I don’t want to be the turkey that gobbled too much.

Robert Houghwout Jackson, US Attorney General: “any lawyer worth his salt will tell the suspect in no uncertain terms to make no statement to the police under any circumstances”[1]

Fourth, there are trillions of codes and statutes.

And, to make matters worse, I often feel guilty about something.

Because I seek to walk with God, I have an overactive, sensitive conscience. Confession is a daily routine (1 John 1:9).

While I have clean hands and do not make a habit of hurting people, there is not a day in my life I probably don’t break some traffic code, U.S. statute, or international treaty agreement. There are trillions of statutes on the books, and it is just not possible to go through a day and not violate ones of the maniacal codes. Millions of statutes means millions of law breakers.And, feeling guilty is a weakness of mine.

But, cops are not my confessors and they cannot be trusted not to abuse the truth. I have had to learn an important Biblical principle that I don’t owe the truth to people (cops) who will abuse the truth. (See Psalm 94:20; and 118:8-9).

James Duane, a professor at Regent Law School and former defense attorney, notesin his excellent lecture on why it is never a good idea to talk to the police:

Estimates of the current size of the body of federal criminal law vary. It has been reported that the Congressional Research Service cannot even count the current number of federal crimes. These laws are scattered in over 50 titles of the United States Code, encompassing roughly 27,000 pages. Worse yet, the statutory code sections often incorporate, by reference, the provisions and sanctions of administrative regulations promulgated by various regulatory agencies under congressional authorization. Estimates of how many such regulations exist are even less well settled, but the ABA thinks there are ”nearly 10,000.”

As Supreme Court Justice Breyer elaborates:

The complexity of modern federal criminal law, codified in several thousand sections of the United States Code and the virtually infinite variety of factual circumstances that might trigger an investigation into a possible violation of the law, make it difficult for anyone to know, in advance, just when a particular set of statements might later appear (to a prosecutor) to be relevant to some such investigation.

Look at how difficult it is to avoid mala prohibita acts.

16 U.S. Code § 3372 – Prohibited acts

(a) Offenses other than marking offenses It is unlawful for any person—

(1) to import, export, transport, sell, receive, acquire, or purchase any fish or wildlife or plant taken, possessed, transported, or sold in violation of any law, treaty, or regulation of the United States or in violation of any Indian tribal law;

(2) to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce—

(A) any fish or wildlife taken, possessed, transported, or sold in violation of any law or regulation of any State or in violation of any foreign law;

What? Who hasn’t purchased something at a store or flea market that isn’t stolen goods or contraband?

Fifth, nothing I say can help me at a trial.

In fact, anything I say, can be used against me . . . but not for me.

Even if I am innocent, my mouth begins to blabber out info. It is easy to say too much, or not enough, or tell some little lie that can be used against me. When I tell the cop what I think happened, he becomes a witness . . . and if he doesn’t like what I say, he becomes the State’s witness against me.

Even if I tell the absolute truth, the cop cannot use it to defend me.

Federal Rules 801 prevents hearsay. The cop cannot and never will be a witness in my defense. Even if he likes me and at trial uses what I said to support me, all the prosecutor has to do is tell the jury that what the cop heard is “hear say” and not real evidence.

If the cop testifies in a “he said, she said” dispute, the cop could agree with my adversary, making it two people’s word against mine. Now its two against one. So, based on the preponderance of the evidence, things begin to make me look like I’m guilty of the charge.

Sixth, I am an emotional person.

When a cop questions me, he does so in a maddening, bullying, authoritative, commanding military fashion that pushes my talk button. When an armed officer puts on his mad-dog face, I get emotional, flustered . . . and defensive. Invariably, my brain shuts down, and my mouth begins to leak words . . . words that can give the law-dog jurisdiction over me . . . words that make me sound combative, defensive, and guilty.

And, the cops know this. And, this is why they use intimidation to coerce confessions. For me, I’ve got to learn to tougher and not give in to the bullying tactics of the gang in black. Moral courage is more important than physical courage when a professional accuser is yelling in my face.

Even though I am innocent and have harmed no man or his property, it is best for me to remain silent. The Word of God says, “There is a time to keep silent.” The First, Fifth, and Tenth Amendment secure that right. And, I have to learn to bravely exercise that right . . . even though silence creates tension.

And, if I am guilty of driving ten miles over the speed limit, saying so is a sure way to a guilty verdict.

Even If I am guilty, confession is not good for the soul. It is only good for jails, prisons, and penitentiaries.  I am not required to admit guilt at the first encounter with a cop. What is the rush? I can’t wait weeks if necessary. In federal court 86% of the people admit guilt before trial. It is always best to wait . . . and, if necessary, work out some kind of arrangement.

Seventh, I am not under the authority of any cop! I am under God’s commands, and I don’t have to obey the orders of Johnny law. In fact, it is idolatry to put the laws of man above the laws of God (“Thou shall not commit idolatry.”) They are not gods and I have no duty to them. The boys in blue are paid to obey commands from top down. I am not paid to do obey their orders. I have no God-given duty to obey the coppers. None! Zero. Zilch.

If they want me to obey them, I tell ask them, “Where can I send the bill for this contract?”

[There is one exception: Sometimes these men are manning an emergency situation like a fire or car accident, and then, it is my Christian duty to cooperate for the good of all.]

Moreover, it is in my nature to please, to be compliant, polite, and cooperative. But, this is a weakness and not a strength. And, it is this weakness that makes me vulnerable to the authoritative, commanding cops.

Therefore, I have to learn to say, “Thank you, but no thank you.” Or ask questions like, “By what authority are you asking me questions?” or, “Are you detaining me?” or “Has someone been injured?” Or, “I don’t want to answer that. I’m I free to go now?”

Bottom line: I am not an answering machine; rather, I am a question machine! I don’t give info, I collect info! I am all input and no output when it comes to talking to the men in blue.

Pastor Brook Stockton