Why You Should Never Talk to the Police

By: Lawrence Gridin · April 16, 2009 · Filed Under Civil Rights, Criminal Law · 25 Comments

Moin A. Yahya, Associate Professor of Law at U. Alberta has posted a couple of interesting videos on why criminal suspects should never talk to the police.

Most experienced defence lawyers will tell you that the first words out of their mouth when they get the 3AM phone call from the jail are: “don’t say anything!”

But for some reason, criminally accused often don’t seem to get it.

The videos feature a professor of law (formerly a defence lawyer) as well as a police officer explaining why suspects would do well to heed the advice and exercise their right to remain silent.

Though the videos are reflective of American law, the principles are largely applicable here in Canada. Though we do not have a 5th Amendment, Canadians have long had a right to silence which is now constitutionally entrenched in s. 7 of the Charter (see R. v. Singh, 2007 SCC 48 for a discussion).

And now, without further ado, here is why you ought not to speak to the police:

If you have limited time, I’d suggest skipping forward to 8:20, where the professor discusses the “top 10 reasons why you should never speak to the police.”

[YouTube clips reposted from U. Alberta's Law Faculty Blog]

Post tags: 5th Amendment, charter, charter s. 7, Criminal Law, criminal procedure, police, police powers, R. v. Singh, right to remain silent, right to silence, s. 7

Comments

25 Responses to “Why You Should Never Talk to the Police”

Tim B on April 18th, 2009 11:49 pm

Really interesting – thanks for posting these.
Edward D. Prutschi on April 19th, 2009 7:23 pm

While the jurisprudence is a little bit different north of the border, these videos are a great example of an enduring principle of Canadian criminal law. I cannot count how many times I have struggled to convince a new client NOT to go running off to the police station to engage in the folly of a ‘fireside chat’ with a local officer regarding charges he / she is facing.

The urge to comply with the ultimate authority figure in our lives (a police officer) is almost insurmountable. The reason to resist has at its core what I call the ‘asymaterical informational component’ of a police interview. The officer has a complete picture of the case he/she is building against the client whereas the client usually knows next to nothing (sometimes not even knowing the nature of the charge being investigated or whether he/she is even a suspect). The client also has no clue whether the conudct they have engaged in is even criminal or not. This truly a no-win situation. At best, a vigilant client blessed with a dose of good luck and a generous police interviewer can come to a draw with the investigator — but you’ll never win.

For a quick summary of what our firm advises our clients on this very question, check out our FAQ page at http://www.crimlawcanada.com/faq.html.

Ed Prutchi, Barrister
Adler Bytensky Prutschi
Prutschi@CrimLawCanada.com
http://www.CrimLawCanada.com
http://www.twitter.com/prutschi
Nick Miller on April 19th, 2009 9:31 pm

This was great! Thanks so much for sharing.
JamesHalifax on April 29th, 2009 4:19 pm

You should change the headline to, “Why you should never talk to the Police….if You’re Guilty”

If no wrong doing has occurred, then what is the worry?
Lawrence Gridin on April 29th, 2009 7:04 pm

James:
Clearly you didn’t watch the videos. Go back and watch them.
Chris on July 14th, 2009 11:40 am

Excellent video A serious subject treat with humour Should be part of every law schools workshop
Alex on July 28th, 2009 11:36 am

Here’s a short case study of the techniques the detective in vid 2 talks about. This is from a sensational murder trial in Toronto where sentencing just concluded:

http://www.thestar.com/videozone/672886

Don’t talk to the police!
Don on October 25th, 2009 7:21 am

This outlines the very reason our system doesn’t work: people aren’t interested in the truth, they only want revenge.

Note, I didn’t say that people want justice. Justice is balanced compensation, which is never enough for anyone that’s been ‘wronged’. There’s a reason so many crazy laws exist. They’re not to prevent problems, but to provide as many means possible to extort as many people as possible.

People never, ever see each other as ‘innocent’.
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John WOodson on October 25th, 2009 10:23 am

Yup, NEVER cooperate with the cops for ANY reason. The oNLY thing you are require to do is give your name and D/O/B, thats it.

RT
http://www.anonymous.ua.tc
Jeff Hedges on October 25th, 2009 11:52 am

Do not talk to the police if you are a suspect or being interviewed as such. When the officer starts with questions regarding where you were or anything that generally starts pointing in your direction….that’s the time to shut up. Being a witness or questioned regarding what you may have seen is different.
larry on October 25th, 2009 1:09 pm

The question that wasn’t answered is:

“What do you do when a police officer knocks on your door?”

I am probably wrong but isn’t a legal requirement to cooperate with a police investigation? Doesn’t cooperating involve talking to the police officer?

As the EXCELLENT VIDEO points out, it’s a “no win” situation – innocent or guilty.
Nick Carefoot on October 25th, 2009 1:33 pm

Also big tip for Canadians: An “interview” is still an interrogation.
Radivoje Krga on October 25th, 2009 4:17 pm

I’m not a law student but this was really interesting. I enjoyed watching this.
Rick Cain on October 25th, 2009 6:41 pm

Whats interesting is when American senators and congressmen get in trouble, they exercise the 5th amendment immediately and refuse to testify.

They seem to know the law quite well.
Ryan Venables on October 25th, 2009 11:20 pm

The old saying “damned if you do, damned if you don’t” is very much alive in this topic.

Admittedly, I have not and will not watch the videos, as I am pretty sure I already know what they say.

As a former police officer I tried very hard to make people talk with me. Whether it was for them to confess to the crime, or simply to open up and tell me about the crime that they witnessed, or to tell me about the years of abuse that they have suffered.

If I happen to become a criminal defence lawyer, I will probably tell ONLY my clients to do the same.

Police officers are not scary boogie-men, who are out to get you.

Being a police officer is not centred around taking people to jail. While law enforcement is central to the position, police officers wear many more hats.

Having commentary from law professors to counsel people not to talk to the police does not do anybody any favours. Well unless you are in the back of a police car. But then again, once you are informed of your rights, and actually respond that you understand them, you are well enough informed that “what you say, can, and will be used against you in a court of law.”

Larry,
There are certain instances where you are required to cooperate with the police. Such as when you are pulled over as a driver.

In the end, if you are a suspect in a crime, or you THINK you are, you’re probably best not to say anything, because anything you say can be used against you.
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Jeff Hedges on November 27th, 2009 12:02 am

Yup, NEVER cooperate with the cops for ANY reason.
Stop Anxiety on November 27th, 2009 6:48 pm

I totally agree with not talking to any cops. You never know what or how they will take and interpret what you say. It is all up in the air. I chose not to say anything.
J. Mardevic on February 2nd, 2010 12:16 pm

As a Canadian I found the videos regarding not speaking to the police both interesting and instructive. One issue that was not addressed however is the following. If a police officer (a) phones you at your residence and leaves a message asking you to call them or (b) leaves their business card on your door with the same request is one required to comply. I would appreciate someone’s informed response to this issue. Thank-you.

J. Mardevic
bill on March 5th, 2010 3:45 pm

Holy Christ that guy talks fast. Thanks for posting.
michael on March 8th, 2010 9:21 pm

do you have to comply when police leave phone message or note requesting to talk? NO, NEVER you do not have to ever talk to police. The only requirement to talk is to give your name when asked out in public. NOTHING ELSE and you don’t have to answer the door either unless they have a warrant.