Kleanbore said:
The best explanation of this that I have seen is set forth in Lessons from Armed America, by Mark Walters and Kathy Jackson...
An excellent book. I also heartily recommend it.
geniusiknowit said:
No. Do not say anything about evidence or witnesses. Especially witnesses, as their story may not exactly match yours, and that would make you look bad. Let the police deal with evidence and witnesses. That's their job....
I'd be interested in knowing where you get your information and on what you base your recommendations. Based on my training with Massad Ayoob and others, I'd suggest considering the following:
[1] In a high stress, self defense event, a person will usually experience one or more artifacts of the "fight-flight" response that will affect his perception of time, distance and the event in general. So immediately after the event is a lousy time for the person involved to start telling his story. He will frequently make mistakes. He will often get things wrong because of his altered perceptions.
[2] In addition, few people have been sufficiently inoculated to the type of stress involved to be able, immediately after the event, to maintain proper control of their emotions and to give a good and cogent account of the event.
[3] At the same time, while one has a right to remain silent, clamming up is what the bad guys do. Following a self defense incident, you'll want to act like one of the good guys. You also won't want the investigating officers to miss any evidence or possible witnesses.
[4] Mas' recommendations (also reflected in the Jackson/Walters book) are:
- Say something like, "That person, or those people, attacked me." You are thus immediately planting the notion that you were the victim.
- Say something like, "I will sign a complaint." That establishes that you viewed the conduct of the other party to be criminal. It also shows a spirit of cooperation.
- Point out possible evidence, especially evidence that may not be immediate apparent. So if the assailant's knife slide under a car, tell the investigating officer. If the assailant dropped his gun in the bushes as he ran away, mention that. You don't want any such evidence to be missed.
- Point out possible witnesses.
- Then say something like, "Officer, you know how serious this is. I'm not going to say anything more right now. You'll have my full cooperation in 24 hours, after I've talked with my lawyer."
You will want to point out evidence, because you don't want the police to miss evidence that may be helpful to you. You want to point out witnesses, because if the witnesses are going to disagree with your story, the police are likely to find them anyway. You don't want to give the appearance of hiding anything. Your lawyer will deal with conflicts.
geniusiknowit said:
...request medical attention...
Ask for medical attention only if you believe in good faith that you need medical attention. If you plan to ask for medical attention as a ruse to temporarily avoid the police, that may well be discovered and damage your credibility. You will be expecting the police, the DA, the grand jury and probably a trial jury to believe your claim that you were an innocent victim forced by the criminal act of another to use violence as a last resort to save your life, and you will need them to believe you.
Kleanbore said:
...There's also a pretty good CD available from The Armed Citizen's Legal Defense Network, LLC that explains why the approach that one would choose to avoid being convicted for a shooting is likely to lead to disaster when used when an affirmative defense is necessary to justify a shooting. It will cost $85.00. That won't buy much time from an attorney....
An excellent organization. They publish some fine and useful materials.
docsleepy said:
...The firearm that was utilized in self defense would still be out, and certainly the police are going to impound that.
Is there a requirement that the safe be opened for the police?...
Yes, the gun you used will be taken as evidence. Whether or not you will have to open your gun safe during the initial investigation will depend on local law and practice. If you are arrested, generally all your guns will be impounded.