Not sure about a new video of James Duane, but there’s a relatively recent write-up[0].
His advice generally stands, but with caveats:
— To prevent invoking the 5th from seeming as admission of guilt to jurors and to the public, it may be safer to invoke the right to counsel instead and refuse to talk without your lawyer present.
— In case of traffic stops invoking the 5th may be overkill and polite talk may be productive, unless body or car search (or canine sniffing) is involved.
> — In case of traffic stops invoking the 5th may be overkill and polite talk may be productive, unless body or car search (or canine sniffing) is involved.
Agreed.
Being polite is 100% the way to go, even if the officer is being a jerk. Many of them want to get a reaction out of you. Best thing to do is to roll down your window all the way, turn the lights on in the car, keep your hands on the steering wheel, and always use sir or ma'am when responding to them. Ask for permission to do anything. I've had good luck being polite and pleading either ignorance or stupidness, depending on what the violation is. Generally, never argue, and just challenge the violation in court. If its bad, get a lawyer specializing in traffic violations. If its minor, calling the officer and trying to set up a face-to-face meeting to ask if there is anything he can do to minimize the points to avoid any insurance increases has worked for me many times. If you never get a hold of the officer, getting to your hearing early to speak with the him/her (politely) has worked for me as well. The rule of thumb is always be polite.
If you are getting arrested, be polite and keep your mouth shut and get a lawyer when you can.
Note, I don't have much sympathy for anyone who truly drives like a a-hole for no reason. But some of us have cars that are fun to drive, when the time is right of course.
Basically, remember that since all cops are bastards, if you feed their egos enough (and are white) they will be more likely to let you off the hook for minor crimes in a toxic cronist sort of way.
2a. If it is impossible or impractical for you to be white, instead use your "Sorry For Bothering You" "white voice".
3. Roll d100 and consult Table 22: Cop Bastardliness Levels, to determine difficulty classes for your Persuade and Bluff checks.
Good luck!
It's always best to just avoid all police encounters in the US. If you routinely drive in excess of posted limits, use radar detectors and crowdsourced speed trap warning apps. Tint your windows to the legal limit, and no darker. Ensure your signal lamps are all functional, and signal all turns and lane changes. Come to a full stop behind the line at all stop signs and red traffic lights. If you see a uniformed cop in public, do not approach. Be somewhere else, as quickly as you can manage, but without appearing too suspicious.
In any situation in which you might think it would be okay to deal with police directly, you're probably wrong, unless someone is literally in mortal peril already. Instead contact your lawyer, or security contractor, or insurance adjuster, or psychiatrist. In most cases, the police have no legal obligation to help you, and legally unchecked power to harm you, so why risk it?
…"has worked for me many times."
Maybe consider being equally thoughtful about figuring out what you're doing to keep getting stopped by police and then maybe some equally detailed tactics about how to not.
> Note, I don't have much sympathy for anyone who truly drives like a a-hole for no reason. But some of us have cars that are fun to drive, when the time is right of course.
"It's not okay, unless you're having fun" is a pretty low bar
Note: Be very careful /how/ you invoke your right to counsel in the US:
> And when a suspect in an interrogation told detectives to "just give me a lawyer dog," the Louisiana Supreme Court ruled that the suspect was, in fact, asking for a "lawyer dog," and not invoking his constitutional right to counsel.
This is roughly where I stand on it. Don't volunteer information to the police, but the original advice of basically yelling "AM I BEING DETAINED?!?" when the cop says "Hi" in passing on the street is only going to draw unwanted police attention to yourself.
His advice generally stands, but with caveats:
— To prevent invoking the 5th from seeming as admission of guilt to jurors and to the public, it may be safer to invoke the right to counsel instead and refuse to talk without your lawyer present.
— In case of traffic stops invoking the 5th may be overkill and polite talk may be productive, unless body or car search (or canine sniffing) is involved.
[0] https://www.wglt.org/post/when-not-talk-police