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submitted 1 month ago* (last edited 1 month ago) by Potatos_are_not_friends@lemmy.world to c/thepoliceproblem@lemmy.world

At one point during the interrogation, the investigators even threatened to have his pet Labrador Retriever, Margosha, euthanized as a stray, and brought the dog into the room so he could say goodbye. “OK? Your dog’s now gone, forget about it,” said an investigator.

Finally, after curling up with the dog on the floor, Perez broke down and confessed. He said he had stabbed his father multiple times with a pair of scissors during an altercation in which his father hit Perez over the head with a beer bottle.

Perez’s father wasn’t dead — or even missing. Thomas Sr. was at Los Angeles International Airport waiting for a flight to see his daughter in Northern California. But police didn’t immediately tell Perez.

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[-] aleph@lemm.ee 367 points 1 month ago

The tax payer pays up almost $1M and these scumbags remain employed. How predictable.

Also, just in case anyone isn't aware: rule number one if you're in the US and police ever bring you in and try to interrogate you is to shut down and demand a lawyer. Legally, the interview has to stop immediately until you have one present. If the officers don't comply, then you know they're corrupt and there's no reason to believe anything they say from that point onwards.

[-] ricecake@sh.itjust.works 156 points 1 month ago

Unfortunately, there has been precedent for the argument that the right to remain silent is one that needs to be continuously and positively invoked.
So if they keep interrogating you and you choose to start talking, that can be interpreted as you waiving your right to remain silent.

https://www.nolo.com/legal-encyclopedia/questioning-after-claiming-miranda.html

https://www.nolo.com/legal-encyclopedia/when-how-invoke-your-right-silence.html

Remaining silent is not enough, you have to articulate that you want to invoke your right to remain silent, unambiguously request a lawyer (no "I think I should have a lawyer for this"), and request a lawyer generally (no "I want a lawyer before I answer any questions about where I was").

"I am invoking my right to remain silent and I want a lawyer" is basically all you should say.

The ACLU remains an excellent resource for being aware of your rights.

https://www.aclu.org/know-your-rights/stopped-by-police

[-] TranscendentalEmpire@lemm.ee 95 points 1 month ago

My father-in-law is a defense attorney for juveniles, he always said that the best thing to say is " I understand you guys are just doing your jobs, and I really would like to cooperate, but to do so I need a lawyer present".

Otherwise they can basically classify you as a combative witness, or claim that you are interfering with an ongoing investigation.

By saying that you really want to help, it puts the imperative of wasting time on their end. If you guys need the information that bad, you should be rushing to get some representation here as fast as possible.

[-] GnomeKat@lemmy.blahaj.zone 37 points 1 month ago

Its kinda bullshit that to get proper treatment people need to know a bunch of little phrases to throw out like a secret password. Fuck cops for real

[-] daltotron@lemmy.world 3 points 1 month ago

True, but, that's kind of something you have to do for anyone in really any position of authority generally.

[-] bleistift2@feddit.de 38 points 1 month ago

I watched this video a few years ago. You can tell its age, but I found it very enlighting. In it a lawyer explains why you should never talk to the police even if you’re innocent:

https://www.youtube.com/watch?v=d-7o9xYp7eE

[-] AnarchistArtificer@slrpnk.net 22 points 1 month ago

I read this guy's book, "You have the right to remain innocent". Definitely reinforced my ACAB inclinations.

[-] frostysauce@lemmy.world 5 points 1 month ago

I was going to link that but you already got it covered!

[-] Thrashy@lemmy.world 37 points 1 month ago

It's fun to mock sovcit whackos, but this is the sort of thing that gives them the idea that there are magic words they can invoke that let them wallhack through the legal system. The judicial system has spent literally hundreds of years working hand-in-glove with police and prosecutors to make it as difficult as possible for the everyday citizen to exercise the legal rights that protect you from them, and only by knowing exactly how to navigate the legal labyrinth set up between you and those rights can you actually use them.

[-] ricecake@sh.itjust.works 16 points 1 month ago

A lot of it's not intentionally for that purpose, but a side effect of hundreds of years of arguing over wording and what exactly the law means in different situations.

The cases that caused the "disagreeable" (most polite phrases I can think of) changes to Miranda protections happened only in the past few decades.

It's still preposterous that the system, which is constitutionally pretty obviously slanted against the government, is so eager to find loopholes in protections for people to the advantage of the government.

[-] captainlezbian@lemmy.world 8 points 1 month ago

Yeah, the police should be required to ask if you wish to remain silent and if you’d like a lawyer

[-] bleistift2@feddit.de 92 points 1 month ago

Also noteworthy for visitors to the U.S.: The police are allowed to lie to you.

[-] Clent@lemmy.world 70 points 1 month ago

The police are trained to lie to you.

[-] ChickenLadyLovesLife@lemmy.world 35 points 1 month ago

The police are allowed to lie to you.

They're also allowed to just be flat-out wrong about stuff. Like, for example, the law. You'd think as enforcers of the law they would be legally required to actually know the law, but that's a big nope.

[-] masquenox@lemmy.world 23 points 1 month ago

The police are allowed to lie to you.

The pig is allowed to lie to you pretty much everywhere.

[-] intensely_human@lemm.ee 9 points 1 month ago

They can lie to you here or there.

They can lie to you anywhere.

[-] Stupidmanager@lemmy.world 10 points 1 month ago

Not only will they lie to you, they will tell you that lying to them is also a crime. Cops are not your friend.

[-] Empricorn@feddit.nl 9 points 1 month ago

They are not allowed to lie in court, under oath... but they will anyway. To protect their illegal searches, their planted evidence, their bullying and excessive force, or just to save another cop they don't even like! It's called "the Blue Wall" and they will kill you or send you to prison to defend their right to be above the law...

[-] something_random_tho@lemmy.world 62 points 1 month ago

"Anything you say or do can and will be used against you in a court of law,"

Used AGAINST you, not FOR you. No attorney has ever said, "I'm so glad my client spoke to the police."

Never speak to the cops without an attorney.

[-] Crackhappy@lemmy.world 37 points 1 month ago

Full stop. Never ever talk to the police under any circumstances.

[-] starman2112@sh.itjust.works 22 points 1 month ago

It's my turn to share it again! The most important video for any American to watch:

https://youtu.be/d-7o9xYp7eE

[-] dual_sport_dork@lemmy.world 16 points 1 month ago

Is it Shut The Fuck Up Friday already!?

[-] Snowpix@lemmy.ca 5 points 1 month ago

Every day is Shut The Fuck Up Friday!

[-] TropicalDingdong@lemmy.world 33 points 1 month ago

The money should come from police department retirement money

[-] eltrain123@lemmy.world 24 points 1 month ago

It should come from malpractice insurance police officers should be required to have.

Bad cops will weed themselves out of the system, when they can’t afford the premiums, if they continue having incident after incident where they are responsible for damages.

Good cops won’t have to worry about high premiums or negative sentiment from the public about bad cops. You’d probably see cops clamoring to wear body cams to back their stories up if they were actually held accountable for their transgressions.

[-] TropicalDingdong@lemmy.world 24 points 1 month ago

I think it should come from the union, and directly from the pensions.

Why?

This is about changing culture. It's not one bad cop in isolation; this is a system of bad cops in league.

If a 30 year officer is hiring having their ability to retire threatened by a rookie cops behavior, that sr. officer WILL not be accepting any bullshit from the rookie.

If you want to change the culture it has to come from within the institution and their needs to be a forcing function to do so.

[-] CileTheSane@lemmy.ca 7 points 1 month ago

I agree with the sentiment but then we get into the moral issues of collective punishment. I'd rather the individuals at fault suffer the financial hardships along with anyone who tries to help them cover it up.
Punishing the entire group incentivizes the entire group to help hide it.

[-] TunaCowboy@lemmy.world 30 points 1 month ago* (last edited 1 month ago)

Am I under arrest?

No -> goodbye

Yes -> lawyer -> STFU

[-] CileTheSane@lemmy.ca 19 points 1 month ago

So what you're saying is a simple law proposal of "you cannot ask questions without a lawyer present. Any interview done without legal representation is illegal and inadmissible." Would do wonders for civil rights?

[-] ThePyroPython@lemmy.world 11 points 1 month ago

They'll just have an in-house "lawyer" present in the room. Boom, law complied with, abuse continues.

[-] CileTheSane@lemmy.ca 15 points 1 month ago

See, this is why I'm not writing the full text of the law right here. That would be up to legal experts. I figured "The official legal representation of the person being interviewed" would have been a given, but here we are...

[-] Son_of_dad@lemmy.world 18 points 1 month ago

But if they're corrupt and don't care about your rights, then that's more reason to fear them. They threatened to kill his dog, that's what broke him. And they probably would have.

[-] SidewaysHighways@lemmy.world 11 points 1 month ago

Then you know the fun is just beginning

this post was submitted on 24 May 2024
1167 points (99.0% liked)

THE POLICE PROBLEM

2235 readers
20 users here now

    The police problem is that police are policed by the police. Cops are accountable only to other cops, which is no accountability at all.

    99.9999% of police brutality, corruption, and misconduct is never investigated, never punished, never makes the news, so it's not on this page.

    When cops are caught breaking the law, they're investigated by other cops. Details are kept quiet, the officers' names are withheld from public knowledge, and what info is eventually released is only what police choose to release — often nothing at all.

    When police are fired — which is all too rare — they leave with 'law enforcement experience' and can easily find work in another police department nearby. It's called "Wandering Cops."

    When police testify under oath, they lie so frequently that cops themselves have a joking term for it: "testilying." Yet it's almost unheard of for police to be punished or prosecuted for perjury.

    Cops can and do get away with lawlessness, because cops protect other cops. If they don't, they aren't cops for long.

    The legal doctrine of "qualified immunity" renders police officers invulnerable to lawsuits for almost anything they do. In practice, getting past 'qualified immunity' is so unlikely, it makes headlines when it happens.

    All this is a path to a police state.

    In a free society, police must always be under serious and skeptical public oversight, with non-cops and non-cronies in charge, issuing genuine punishment when warranted.

    Police who break the law must be prosecuted like anyone else, promptly fired if guilty, and barred from ever working in law-enforcement again.

    That's the solution.

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Our definition of ‘cops’ is broad, and includes prison guards, probation officers, shitty DAs and judges, etc — anyone who has the authority to fuck over people’s lives, with minimal or no oversight.

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Saying ~~cops~~ ANYONE should be killed lowers the IQ in any conversation. They're about killing people; we're not.

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A demonstrator's guide to understanding riot munitions

Adultification

Cops aren't supposed to be smart

Don't talk to the police.

Killings by law enforcement in Canada

Killings by law enforcement in the United Kingdom

Killings by law enforcement in the United States

Know your rights: Filming the police

Three words. 70 cases. The tragic history of 'I can’t breathe' (as of 2020)

Police aren't primarily about helping you or solving crimes.

Police lie under oath, a lot

Police spin: An object lesson in Copspeak

Police unions and arbitrators keep abusive cops on the street

Shielded from Justice: Police Brutality and Accountability in the United States

So you wanna be a cop?

When the police knock on your door

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