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Transcript

#208 Wrongful Conviction Podcasts PSA - What to Do When Stopped by the Police (Cooperating) · Wrongful Conviction

• 0:00
  Speaker 1: Hi, I'm Jason Flamm and I'm the host of Wrongful
• 0:02
  Speaker 1: Conviction with Jason.
• 0:03
  Speaker 2: Flamm, and I'm Robbia Jaudry, attorney and co host of Undisclosed.
• 0:07
  Speaker 1: We want to talk to you today about your rights
• 0:09
  Speaker 1: and how they relate to interactions with the police. So, Robbia,
• 0:14
  Speaker 1: let's say someone's unlucky enough to have witnessed a crime
• 0:16
  Speaker 1: or become a person of interest in a police investigation,
• 0:19
  Speaker 1: someone the police want to speak with in connection with
• 0:22
  Speaker 1: a crime. Now, you've done nothing wrong, and even though
• 0:25
  Speaker 1: logic would tell us that an innocent person doesn't need
• 0:27
  Speaker 1: to protect themselves, we both know that time and time again,
• 0:31
  Speaker 1: that's often when you need the protection the most. So
• 0:34
  Speaker 1: what are some ways that I, or you, or anyone
• 0:37
  Speaker 1: could protect themselves in this situation.
• 0:39
  Speaker 2: Well, the first thing you got to figure out is
• 0:41
  Speaker 2: whether or not you're being detained. So ask ask am
• 0:44
  Speaker 2: I being detained? If you're not being detained, ask if
• 0:46
  Speaker 2: you're free to go? Now. The police can detain somebody
• 0:49
  Speaker 2: for a very brief period if they have quote reasonable
• 0:52
  Speaker 2: suspicion of involvement in a crime, But to make an
• 0:55
  Speaker 2: arrest they have to have probable cause. It's a higher standard.
• 0:58
  Speaker 2: If they're questioning you publicly, it's generally considered a detention,
• 1:01
  Speaker 2: and if it's out of you the public, it can
• 1:03
  Speaker 2: be construed as an arrest. Now, if you're told that
• 1:06
  Speaker 2: you are not free to go, you are being detained
• 1:08
  Speaker 2: or arrested, then you should reassert your right to stay
• 1:11
  Speaker 2: silent and refuse to consent to a search. If you
• 1:14
  Speaker 2: have been arrested, always, always, always, ask for an attorney,
• 1:17
  Speaker 2: ask no questions, and sign nothing. Remember, if no one talks,
• 1:21
  Speaker 2: everyone walks. Just don't be talked into cooperating with the police.
• 1:25
  Speaker 2: I promise you. It can never help you. It can
• 1:27
  Speaker 2: only hurt despite what they may say to you.
• 1:30
  Speaker 1: And let's not forget they're allowed to lie to you.
• 1:33
  Speaker 1: They're legally allowed to lie to you in the interrogation room.
• 1:35
  Speaker 1: So do not say a word because anything you say
• 1:38
  Speaker 1: ken it will be held against you. That's not hyperbole.
• 1:41
  Speaker 1: You will get yourself in a jam that even we
• 1:44
  Speaker 1: can't get you out of. And we see it, time
• 1:47
  Speaker 1: it again.
• 1:47
  Speaker 2: And if you've been read your miranda right, don't, under
• 1:50
  Speaker 2: any circumstance waive them. Reaffirm your demand for an attorney
• 1:53
  Speaker 2: and your right to remain silent.
• 1:55
  Speaker 1: To learn more and get involved. Listen to Undisclosed. I
• 1:59
  Speaker 1: listen to it and I hope you do too.
• 2:01
  Speaker 2: And listen to the Wrongful Conviction podcast.
• 2:03
  Speaker 1: These are your legal rights.
• 2:06
  Speaker 2: Know your rights, understand your rights, and exercise your rights.