WEBVTT - #208 Wrongful Conviction Podcasts PSA - What to Do When Stopped by the Police (Cooperating)

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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.

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

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<v Speaker 1>We want to talk to you today about your rights

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<v Speaker 1>and how they relate to interactions with the police. So, Robbia,

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<v Speaker 1>let's say someone's unlucky enough to have witnessed a crime

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<v Speaker 1>or become a person of interest in a police investigation,

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<v Speaker 1>someone the police want to speak with in connection with

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<v Speaker 1>a crime. Now, you've done nothing wrong, and even though

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<v Speaker 1>logic would tell us that an innocent person doesn't need

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<v Speaker 1>to protect themselves, we both know that time and time again,

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<v Speaker 1>that's often when you need the protection the most. So

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<v Speaker 1>what are some ways that I, or you, or anyone

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<v Speaker 1>could protect themselves in this situation.

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<v Speaker 2>Well, the first thing you got to figure out is

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<v Speaker 2>whether or not you're being detained. So ask ask am

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<v Speaker 2>I being detained? If you're not being detained, ask if

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<v Speaker 2>you're free to go? Now. The police can detain somebody

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<v Speaker 2>for a very brief period if they have quote reasonable

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<v Speaker 2>suspicion of involvement in a crime, But to make an

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<v Speaker 2>arrest they have to have probable cause. It's a higher standard.

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<v Speaker 2>If they're questioning you publicly, it's generally considered a detention,

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<v Speaker 2>and if it's out of you the public, it can

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<v Speaker 2>be construed as an arrest. Now, if you're told that

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<v Speaker 2>you are not free to go, you are being detained

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<v Speaker 2>or arrested, then you should reassert your right to stay

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<v Speaker 2>silent and refuse to consent to a search. If you

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<v Speaker 2>have been arrested, always, always, always, ask for an attorney,

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<v Speaker 2>ask no questions, and sign nothing. Remember, if no one talks,

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<v Speaker 2>everyone walks. Just don't be talked into cooperating with the police.

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<v Speaker 2>I promise you. It can never help you. It can

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<v Speaker 2>only hurt despite what they may say to you.

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<v Speaker 1>And let's not forget they're allowed to lie to you.

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<v Speaker 1>They're legally allowed to lie to you in the interrogation room.

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<v Speaker 1>So do not say a word because anything you say

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<v Speaker 1>ken it will be held against you. That's not hyperbole.

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<v Speaker 1>You will get yourself in a jam that even we

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<v Speaker 1>can't get you out of. And we see it, time

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<v Speaker 1>it again.

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<v Speaker 2>And if you've been read your miranda right, don't, under

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<v Speaker 2>any circumstance waive 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>To learn more and get involved. Listen to Undisclosed. I

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

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<v Speaker 2>And listen to the Wrongful Conviction podcast.

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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 exercise your rights.