Some where, I recently read that as part of your after incident recommendations is that you should tell the police that you don’t feel well and want to go to the hospital. the police are required to see that you are removed from the scene. This reduces stress and gives you time to start to decompress rather than facing further interrogation or harassment.
I thought this came from the USCCA, maybe the forums but I can’t find it anywhere.
Does anyone know the source of this information?
I’m quite positive you read it here and I think it was @MikeBKY that may have put it forward or commented on it. somewhere in the conversation was the statement that often time police are not ALLOWED to make a statement for 72 hours. It is a viable tactic and one you should consider if you think you are being pressured to give a statement or make comment that you do not want to. The other answer is to state clearly that "I am invoking my fifth and sixth amendment rights at this time, I will be more than happy to cooperate further in the presence of my attorney. " Then SHUT UP.
One other thing to consider is that you will probably have a toxicology screen done if you have “non specific” symptoms . There are rules and then there are rules one set is medical rules and the other set is legal rules. Police cannot have the results just by asking for them but they can be subpoenaed if you are charged with a crime.
Coming from a medical background there are key words and tricky phrases that will illicit an immediate emergent medical response.
- It feels like there is an elephant on my chest (heart attack)
- I have this sudden headache (brain aneurysm)
- I cant see out of my right eye (stroke)
- My left arm is killing me (heart attack)
Going to the hospital may seem like a better alternative to going to jail but in reality it is just a delay tactic if you are making it up. That said if you are having a medical issue you have the people that can help you right there.
IMHO don’t play cards that you don’t need to.
OBTW Welcome aboard!!!
@Craig6 I think has the memory power, because it sounds like @MikeBKY.
Welcome to the party.
I agree with @Craig6, I probably would’t play that card unless you actually needed medical attention. Invoke your right to an attorney and be quiet and wait.
When I was a child my parents informed me that my middle name was “allergic to penicillin”, I have since legally changed it to “lawyer”!
This information is also clearly stated on your USCCA ID card!
I want to be clear, I do not recall ever saying that you should ask to go to a hospital if you are in a deadly force encounter to avoid arrest or questioning. I will say that if you are injured or believe you are injured in an encounter than you should immediately request medical attention. That may be an EMT at the scene or a hospital depending on the actual circumstance but I do not believe it is advisable to declare false symptoms.
On the other hand, I do recommend invoking your right to counsel, not your right to remain silent, before answering ANY questions.
Welcome to the family @Jerold and god bless you.
That is not something the USCCA trains. We do say that after you’ve stated you’re exercising your right to remain silent that you can - and should - request to go to the hospital IF you discover you’re injured or develop life-threatening symptoms.
After a huge adrenaline spike, we might not know we’re injured right away or our body may have a reaction as the adrenaline level slowly returns to normal.
If you tell the police fake symptoms and they found out, you’ve just lied to a police officer after an incident and anything else you tell them will be subject to additional scrutiny and may not be believed at all.
It was protocol when an NYPD member of the force was involved in a shooting to get them to the nearest trauma center to get them aid. Shooting team investigators showed up at the hospital to question the officer involved.
I can assure you that lying to law-enforcement in the course of an ongoing investigation is something any legal council would call foolish. Not to mention @MikeBKY or any other attorney can never advise a person to break the law because it would cost them their career and even possible jail time.
Again, I agree with @MikeBKY and even @Dawns Wisdom…
-Ask for your lawyer (ALL questions must CEASE then and there. BUT if they persist remain silent and let your lawyer handle the future repercussions of those actions.)
-IF you are medically hurt or even THINK you are, seek medical attention. BUT that same idea goes for now too. If at this moment you think you are having a heart attack, please, by all means call 911 and don’t wait.
I was in a class with a state level circuit Court Judge. He even said never talk to the police without a lawyer. He mentioned it may make it less pleasant in the beginning but you’ll be better off in the long run.
I don’t think most police are out to get you, however they are human mistakes are made and just as in a self defense situation I’m going to stack the deck in my favor.
Smart man! I guess that’s why he sits on the federal bench!
But you are right. Police are not “out-to-get-you” but here is food for thought…
The officers investigating your case can’t advocate for you. Meaning, they can not talk about all your good deeds and what you did right. Hence “What you say or do can and WILL be HELD against you in the court of law!”
I’m going to tack on Regent Law Professor James Duane from my university’s law school, Regent University School of Law lecture titled “Don’t Talk to The Police!”
(This former lawyer and wonderful teacher opened my eyes ALOT!)
Very interesting video I like it and got to the 3 min point in the video. To be continued
Notes for anybody who does not have the twenty six minutes he lay’s out 7 reasons why he believes you should not talk to police at all when suspected of crime.
GOVT302 Dr. King Notes.pdf (191.3 KB)
Wow, who said anything about lying to the police? This topic has some great advice, at no time did I say anything about lying to the police.
No, sir. I never meant to say you or anybody did.
I’m only agreeing with my schools law professor by saying you should not say anything at all!
I KNOW USCCA says layout key facts but even this I’ll consult my lawyer and make sure I have all the key facts down.
I do not think it was to declare a false symptom or a false injury, but you would be correct in that regard. I thought it was you, perhaps it was some of the articles on USCCA, but I do remember the advice to go to the hospital, to be checked out. Your adrenalin levels are up, your pulse rate may be up, your BP may be elevated, and you may have unknown health issues in the aftermath of a shooting, just like after a car crash or any other emergency stress situation.
I did not take his comment about recommending the hospital as a means of inventing a false injury, if so, that is totally different issue.
@Dawn, I just commented to @MikeBKY and stated I did not think the original comment that started this intended to ‘invent false symptoms’… (That would be bad… and not recommended), but I thought it made sense to request to go to the hospital to be checked out. After a high stress situation, there are people who may have health issues from the elevated adrenalin, pulse and BP.
I know I saw something about the hospital either here or in the magazine.
But NOT to invent a false injury or symptom.
Did I miss read the original comment and the intent of the hospital.
In my case I would state "I have heart issues (heart bypass surgery 2 years ago), and would like to be checked by a physician " I also carry a card in my wallet showing where the bypass were done.
I really do believe & fear that the hormonal cocktail that gets dumped into my system when a self defense situation happens will literally cause me to pop a gasket.
That’s right. If you invoke your right to remain silent and keep on talking-- all bets are off and you are not protected by the 5th any longer. The police will also change gears to just “small talk” in an effort to gain your trust and then, just let you talk. REMAIN SILENT… THE POLICE ARE NOT YOUR FRIENDS!!! this cannot be stated too many times.