Scott Greenfield has a great post up at his blog Simple Justice about “lawyering up” – why police don’t want you to do it, how they will try and discourage you from doing it, and why they do it themselves when they are in trouble. The bit I liked best in Scott’s post was his discussion, near the end, about how to invoke the right to counsel, and what to say when they “want to ask you a few questions:”
As has been pointed out here and elsewhere numerous times, there is a correct way to invoke your right to counsel so that they police cannot (lawfully) question you. State clearly and affirmatively that you do not want to answer questions and you want to speak with your attorney. Don’t ask if you need a lawyer. Don’t ask if you should have a lawyer. Say “I want to speak with my attorney.” And then clam up. It’s simple, but suspects get it wrong constantly.
So what should you do when the police tell you, in that sweet and somewhat demure voice, that they just want to ask you a few questions? There is no question whatsoever. Lawyer up.
I could not agree with Scott more. As I have saud here previously, and as I tell anyone who will listen (including members of my family, who view me as a heretic to the GOP cause because I think that the government abuses the rights of criminal defendants) – they are not your friends, they have no interest in helping you, they will lie if it helps them clear a case (or even for no reason), and you should never talk to them, whoever they are (local PD, state police, FBI, ATF, whatever) without counsel. In short, as Scott says, LAWYER UP.
