Reward&Risk > Law > U.S. Constitutional Law  > Fifth Amendment >
Fifth Amendment 2012
Last revised: January 10, 2013

Fifth Amendment > RewardandRisk Management

Prof. James Duane explains what to say to that nice police officer, who pulls you over and asks you how fast you were going, etc. 1/2/13

"Don't talk to police"

"Don't Talk to Police" (video) (YouTube, 6/21/08)

The most innocent citizens should say nothing, just like the guiltiest and most vicious professional criminals. Law Professor James Duane, Regent University, explains, in detail, why he "will never talk to any police officer under any circumstances." He explains how a prosecutor can use your true, exculpatory testimony against you. For example, he explains why, "Even if your client is innocent and does not tell the police anything incriminating and his statement is videotaped, his answers can be used to crucify him if ..." Also, he strongly supports the position of his former student, who asserted her Fifth Amendment right to remain silent, refusing to answer questions from the U.S. Senate.

If you are sure you can outsmart the police, you aren't as smart as you think

"Don't Talk to Police" (video) (YouTube, 6/21/08)

Professor Duane allows an experienced police interrogator (roughly) equal time to respond to his (Duane's) argument. After agreeing, completely with Prof. Duane's remarks, the officer explains many tricks of his trade, such as how he can extract, with a seemingly innocent question to a driver he has pulled over for speeding, a confession that will guarantee a conviction.

People say the darndest things to police, and "Anything you say can and will be used against you in a court of law."

"Don't Talk to Police" (video) (YouTube, 6/21/08)

Professor James Duane explains in detail what can go horribly wrong for even an honest, innocent person who speaks with honest, earnest police. Partly, that is because (a) innocent witnesses blurt out damaging statements, including lies, and (b) police interrogators can get people to say the darnedest things, including admitting to crimes that they did not commit.