WEBVTT - #195 Wrongful Conviction Podcasts PSA - What to Do When Stopped by the Police (Home Search Warrant)

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<v Speaker 1>Hi, I'm Jason Flamm and I'm the host of Wrongful

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<v Speaker 1>Conviction with Jason Flamm.

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<v Speaker 2>And I'm Robbia Jaudry, attorney and co host of Undisclosed.

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<v Speaker 2>We want to talk to you today about your rights

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<v Speaker 2>and how they relate to interactions with the police.

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<v Speaker 1>So, Robbie, say, I'm at home and I hear a

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<v Speaker 1>loud banging at the door. The police have announced themselves

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<v Speaker 1>and say they have a warrant. Now, besides quickly throwing

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<v Speaker 1>on some clothes, I might be asleep or whatever, what

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<v Speaker 1>are some of the things that I need to remember

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<v Speaker 1>in order to protect myself in the situation.

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<v Speaker 2>Okay, So if the police come to your house, the

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<v Speaker 2>first thing you want to do is ask for their names.

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<v Speaker 2>Don't just let them walk in. I know too many

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<v Speaker 2>people who think that's the right thing to do. Open

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<v Speaker 2>the door and let them, And don't ever do that

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<v Speaker 2>without seeing a signed warrant either for your arrest or

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<v Speaker 2>to search the property. Now, remember, if they have a

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<v Speaker 2>search warrant, they can only search the things that are

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<v Speaker 2>limited to whatever is written in the warrant. So make

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<v Speaker 2>sure you read that warrant before they enter, and then

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<v Speaker 2>once they enter, always exert your right to remain silent

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<v Speaker 2>but quietly observe the search. Just respectfully, stay out of

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<v Speaker 2>the way and just watch what they're doing, and then

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<v Speaker 2>note down everything in writing afterwards as soon as possible. Now, remember,

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<v Speaker 2>please don't need search warrans for items that are in

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<v Speaker 2>plain view. So if you have some things that you

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<v Speaker 2>wouldn't want cops stumbling over, then maybe keep them out

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<v Speaker 2>of sight. If you're being arrested, as always, do not

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<v Speaker 2>resist arrest. And if you have been arrested, for the

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<v Speaker 2>love of God, ask for an attorney, answer no questions,

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<v Speaker 2>and sign nothing. Remember if no one talks, everybody walks,

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<v Speaker 2>don't ever be talking cooperating with the police. It can

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<v Speaker 2>never help you. They are not your friends. Every single

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<v Speaker 2>thing you say and do can and will be held

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<v Speaker 2>against you. And if you've been read your Miranda rights,

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<v Speaker 2>don't ever wave them. Reaffirm your demand for an attorney

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<v Speaker 2>and your right to remain silent.

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<v Speaker 1>I'm going to say it again, do not wave your

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<v Speaker 1>Miranda rights. Eighty five percent of people do, and it's

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<v Speaker 1>always a mistake. It's never a good idea. Don't wave

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<v Speaker 1>your Miranda rights. And remember this could actually save your

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<v Speaker 1>life or save you from an a mountain of trouble that

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<v Speaker 1>we don't want to see you get into. We want

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<v Speaker 1>you to stay safe out there. Now, to learn more

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<v Speaker 1>and get involved, listen to Undisclosed There's times of information there.

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<v Speaker 1>I listen to it. I hope you will too.

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<v Speaker 2>And listen to Wrongful Convictions Podcast. So much to learn

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<v Speaker 2>from these stories.

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<v Speaker 1>These are your legal rights.

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<v Speaker 2>Know your rights, understand your rights, and most importantly, exercise

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<v Speaker 2>your rights.