Hey @Popehat, would you have had some useful legal advice for Alec Baldwin?

https://www.nytimes.com/2023/01/25/opinion/alec-baldwin-rust-5th-amendment.html?smid=tw-share

Opinion | Alec Baldwin Didnโ€™t Have to Talk to the Police. Neither Do You.

Even innocent people can inadvertently make themselves seem guilty.

The New York Times
@mmasnick I'm guessing that Mr. Baldwin is not overly familiar with being asked "a few questions" by any member of law enforcement.
@Shachihoko @mmasnick I'm not either, I've never had to. But I'd have known enough to not talk. That's just staggeringly stupid.
@mmasnick @Popehat
Someone never heard that every day is Shut The Fuck Up Friday.
@mmasnick Today's podcast is how he wrote his own indictment with his mouth.
@Popehat @mmasnick if you write something with your mouth does that make it libel or slander?
@mmasnick @Popehat Only two sentences you utter. Am I being detained or am I free to go? If I am being detained I would like to speak to a lawyer.
@mrpinkly @mmasnick @Popehat you need to explicitly state that you are invoking your right to remain silent and demanding an attorney. Don't give them any room to play games.
@mmasnick @Popehat ha, the police didn't even have to lie

@mmasnick @Popehat

I'm reminded of the three pieces of advice a friend of mine (former Hennepin County MN public defender) gave me for cases like this:

1. Shut up.
2. Shut up.
3. Shut up.

@mmasnick @Popehat I'm hyperventilating just reading this. Oh my god. This is like setting yourself up as bait.
@mmasnick @Popehat Coffee is forโ€ฆ (checks notes)โ€ฆ people who keep their mouths shut
@crichton007 ""Mouth closers"?
@JoakZieg LOL! I was also thinking about trying to do something with โ€œBe careful what you shoot at. Most things in here donโ€™t react too well to bulletsโ€

@mmasnick @Popehat oh oh oh I know this one!

โ€œClam it, Baldwin.โ€

@mmasnick @Popehat

the cops are rarely your friends

and when they are nice after something dodgy happens - they are for sure out to get you

@mmasnick

In the USA we're used to the idea that police can lie with impunity when having conversations with suspects. Not every country allows this. E.g., German law says deception is not acceptable in interrogations. It's prohibited in the same section that says physical abuse, drugs, and exhaustion aren't allowed:

http://www.gesetze-im-internet.de/stpo/__136a.html

ยง 136a StPO - Einzelnorm

@minortriad @mmasnick Well, Germany knows a thing or two about giving people in uniform too much power. But then again nobody other than Germany seems to have learned anything much from that episode of history.

@mmasnick @Popehat

Tell me that Alec Baldwin has never seen an episode of Columbo without saying it directly.

@mmasnick
@Popehat
To Mr. Baldwin's surprise, you can't trust cops, even if you are a rich white guy.
Is this not something that should be fixed, though? Shouldn't there be more trust between the police and the people? Shouldn't you be able to talk to the police to help them solve a case, without getting screwed over a technicality?

Because as far as I understand, a lot of countries do not have this advice not to talk to the police. And not because they don't have something similar to the 5th, but because they don't have a police force looking to screw you over. This "never talk to the police" sounds to me like a terrible indictment of the US legal system.

@mcv

You're not wrong.

More generally, my impression is that, by and large, #police in the US see their job (wrongly) as one of keeping the public in-line, like this is a day care and they see themselves as the adults and us as the disruptive children who need discipline.

This attitude is also incompatible with our lofty platitudes about "freedom" and "liberty". Just try being weird in public, without even breaking any laws, and watch how quickly cops come to contain you.

@LibertyForward1

@spatula @mcv Very succinctly put.

@LibertyForward1
The one and only time I've ever been hassled by cops, it was right here, six years ago, in my adopted hometown of San Mateo, for no reason other than my hair was dyed day-glo green.

They thought this was "suspicious." I never got an explanation of WHY unconventional hair color is "suspicious" or what it was they suspected I was going to DO because my hair was dyed green.

I've always felt if you aren't breaking a law or seeking help, cops should be invisible to you.

@mcv

@spatula @LibertyForward1 Even seeking help is risky. I've heard several stories of people calling the cops for help and getting shot for it.

I've also heard stories of cops being generous, wonderful people going out of their way to help people, but I totally understand if the first type makes some people rather hesitant to ask cops for help. The US should try to weed out the first and hire more of the second type.

@mcv
Indeed, calling for help, especially in cases where someone is having a mental health crisis, has often led to summary execution by a cop, who then typically gets away with it.

We don't weed out bad cops; instead, the union protects them. In the rare cases that they get fired for bad behavior, they just go one town over and easily join a different police force.

@spatula
@mcv @LibertyForward1
Even in California, cops go to cop school taught by cops. There are no real prerequisites such as a 2-year associates degree in criminal justice. So they don't actually have to know anything about law other than other cops with their prejudices tell them.

@olavf
And frickin' BARBERS have more schooling and more stringent professional requirements than cops have in California, plus more oversight.

@mcv @LibertyForward1

@spatula
The beautician/barber lobby is well funded, and they're absolute obstructionists. They'll fight against anything that makes it easier to get a job, and promote anything that makes it harder

So they want fewer seats to keep their prices high.

Otoh the cop industry lobbies for more cops. It only makes their lives easier and they know it won't affect their paycheck

@mmasnick @Popehat I think there's an education video out there about talking to the police called "Shut the F**k Up Fridays." Alec probably could've benefitted from watching it.
@mmasnick @Popehat Ron White once said, "I had the right to remain silent. I didn't have the ability."
@mmasnick i just canโ€™t even with this. Cops are not your friends ๐Ÿคฆโ€โ™‚๏ธ

@mmasnick @Popehat

Every day is Shut the Fuck Up Friday.

@mmasnick @Popehat Even if he was (understandably) in shock, youโ€™d think someone like Baldwin would have people who could get a lawyer on the phone right away to tell him to shut up.

@mmasnick @Popehat

Carry yourself always with the confidence of a mediocre rich white man!