Don't Talk to the Police? Massad Ayoob's 5 Points after a Self-Defense Shooting. Critical Mas Ep14
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Published 2022-02-01
See part one of this discussion: Don't Leave the Scene
• Massad Ayoob: Don't Leave the Scene a...
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ABOUT MASSAD AYOOB:
Massad Ayoob has been handgun editor of GUNS magazine and law enforcement columnist for AMERICAN HANDGUNNER since the 1970s, and has published thousands of articles in gun magazines, martial arts publications, and law enforcement journals. He is the author of some twenty books on firearms, self-defense, and related topics, including “In the Gravest Extreme” and “Deadly Force,” widely considered to be authoritative texts on the topic of the use of lethal force.
The winner of the Outstanding American Handgunner of the Year Award in 1998, Mas has won several state and regional handgun shooting championships. Ayoob was the first person to earn the title of Five Gun Master in the International Defensive Pistol Association. He is the current President of the Second Amendment Foundation. He served 19 years as chair of the Firearms Committee of the American Society of Law Enforcement Trainers, and several years as a member of the Advisory Board of the International Law Enforcement Educators and Trainers Association. In addition to teaching for those groups, he has also taught
for the International Association of Law Enforcement Firearms Instructors and the International Homicide Investigators seminars.
Mas has received judicial recognition as an expert witness for the courts in weapons and shooting cases since 1979, and served as a fully sworn and empowered, part time police officer for 43 years, mostly at supervisor rank. Ayoob founded the Lethal Force Institute in 1981 and served as its director until 2009, and now trains through Massad Ayoob Group. He has
appeared on CLE-TV delivering continuing legal education for attorneys, through the American Law Institute and American Bar Association, and has been retained to train attorneys to handle deadly force cases through the Armed Citizens Legal Defense Network. Ayoob served for two
years as co-vice chair of the Forensic Evidence Committee of the National Association of Criminal Defense Lawyers. He also appeared in each episode of Personal Defense TV (Sportsman’s Channel).
0:00 - Recap from Don't Leave the Scene
1:30 - Never talk to the Police?
3:10 - The 5-Point Checklist
3:45 - 1. Establish the Active Dynamic
4:25 - 2. Indicate You Will Cooperate
5:09 - 3. Point out any Evidence
6:42 - 4. Point out any Witnesses
7:24 - 5. Request an Attorney
11:12 - The 5-Point Checklist
11:51 - Don't Freeze
#MassadAyoob #WilsonCombat #CriticalMas
All Comments (21)
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If you're guilty, you need an attorney. If you're innocent, you DEFINITELY NEED AN ATTORNEY!
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1. "He attacked me" 2. "I'll sign a complaint" 3. "There's the evidence" 4. "There are the witnesses" 5. "I'll be happy to cooperate, but I need to speak with my attorney before I say anything else." Thanks Mas!
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My friend is an attorney. His client shot a man trying to kill him for dating his ex. His client was 22. Sure enough, he blabbed away to the "understanding and sympathetic police officer". The asst. DA, for whom my attorney friend said was a real piece of work, set bail where he could not make it. He spent 7 months in jail awaiting trial. The case was dismissed in an hour.
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The longer you talk to a cop, the more likely you are to implicate yourself. Do not talk to cops. You are not obligated to assist in any investigation. PERIOD.
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I’m an American. This happened in Texas. I was pulled out of a cell in jail and drilled with questions by a law officer. I hadn’t been allowed to speak to anyone for weeks. I remained steadfast. I told him I knew my rights. And I wanted a lawyer present. After about 30 minutes he grew frustrated and took me back to the cell. About a week later I was allowed to talk to my lawyer. If this happens to you … be patient.
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When a police officer gets into a "bad situation" they always remain silent until they talk to a union representative and lawyer.
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" Everything you say can and will be used against you." They could also add, " Every word you utter will be twisted into an admission of guilt and culpability."
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It blows my mind that the Supreme Court has made it clear that police have to warn you that it’s a bad idea to talk to the police and people still think talking to the police is a good idea.
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As the saying goes, if the cops are looking to arrest someone, nothing you can say will talk you out of jail-- but you can certainly talk your way into it!
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My CCW instructor is a LEO. He said if you ever have to use your gun in self defense, DO NOT say anything to the police except, “I’ll be more than happy to answer any questions, but I want my lawyer present”.
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I was involved in a deadly force encounter, and I can say with certainty that not talking too much is more difficult than making the decision to fire. The adrenaline dump hits hard and, for me personally, I felt that I made the right choice and ended up trying to prove self defense on the scene. I didn't know that was a bad idea, at the time. I got very lucky that there were cameras that caught most of my recollection of the event which corroborated my statement. That said, when I was interviewed by the detective, he initially had the Texas penal code book opened to the "homicide" section. That was scarier than the incident itself. Now, I know better. Thanks to people like Mr. Ayoob. Short and simple answers to the first responders, and then ask for your lawyer. Don't say too many details because it may come out a little different later because that adrenaline will make someone mis speak slightly and you could end up in trouble if it goes to court. Like I said, I got lucky. It could have ended up much differently if it weren't for the cameras backing up my in depth statement of events.
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21 plus year criminal defense attorney here and former prosecutor. Just wanted to say this is great advice. Very well done.
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My neighbor told me to NEVER EVER talk to police after you were in a shooting. And he's a lieutenant of almost 30yrs with my local police department. He was like "don't you say shit but I'll be more than willing to talk after I've spoken with my attorney. And you keep on saying it until you get your attorney". I remember this like it was yesterday. And he told me this back in the 90s.
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Part of the problem is prosecutors want to win at any cost, your guilt or innocence rarely matters to them. Most of them will do any dirty trick including withholding evidence to convict you.
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Very good advice!! My gun instructor (former FBI agent) explained how perceptions can change & be shaped, like Massad said “first impressions mean things”! My instructor said do not lie but if the shooting occurs in front of witnesses, immediately afterwards loudly state what happened e.g. “OH MAN DID YOU ALL JUST SEE THAT MAN IN THE BLUE SHIRT CHARGE AT ME WITH THAT KNIFE!? THAT WAS HORRIBLE- I’M GLAD HE DIDN’T HARM ME OR ANYONE ELSE!”
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This man is a wealth of information , it isn’t all stuff you want to know, it’s stuff you need to know . Subscribed
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I can’t repeat this enough, conflict avoidance is rule one!
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"Never talk to the police" is a good motto in any instance.
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Being prior LEO, that is exactly why I refuse to talk to the police and teach my children the same. I only speak through my attorney because the incompetence and miserable state of training of current law enforcement is too dangerous to be gambling with.
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Scene, Compliance, Evidence, Witnesses, Attorney. Got it. Thank you!!!
