Both Sides of the Story

by Poacher

"Because of what appears to be a lawful command on the surface, many citizens, because of respect for the law, are cunningly coerced into waiving their rights due to ignorance." - U.S. Supreme Court opinion, U.S. v. Minker

In the dime store novel that's been my life, I consider it (with hindsight) to be my good fortune to have been on both sides of the bars (at least temporarily).  I've sat at both sides of the interview desk.  I've put people in jail and had people try to put me in jail.  But if you live by the sword...

The police interview is a subject close to my heart.  I've made a study of it, and there are some excellent books out there to prepare you, if you're willing to take the time to study.  And don't for a second think that just because you have done nothing wrong that you have nothing to fear.

There is nothing so dangerous as being an innocent person in police custody.  It means you have nothing to gain and everything to lose.  Nothing and no one to give up or trade, and usually no real clue as to why you are really there.  This I learned through hard gained experience.

This isn't a get out of jail free guide.

If you've done wrong and been found out, your best bet is to get a good lawyer and cut a deal to get out of the worst of it.  However, we're all supposed to be innocent until proven guilty, so anyone, and I mean anyone, can find themselves on the wrong side of the bars.

Therefore, based upon my experiences on both sides, here is my survival guide.

Rule Number One: Say Nothing

In the initial stages, the drama of the events will be overwhelming.

In military circles, this is referred to as "shock of capture."  There is a great temptation at the start to attempt to de-escalate the situation and try to talk your way out of it.  It's human nature.  Fight it.  Say nothing.  Use the time to observe and remember everything that is happening.  A lot of convictions are helped along by things the soon to be - or recently arrested - person blurts out, in a misguided attempt to help themselves.  So keep it zipped.

At first, your only priority is to try and gauge what exactly you have been accused of and what evidence is being used against you.  You are never going to be told that last bit until it's too late, however, by observing what they are looking for and assessing the questions you are being asked, you can get a very good idea of what they know and don't know and what information they have and where it might have come from.

You need to get into the mindset that what is happening is happening.  Nothing you can do will stop it, slow it down, or speed it up.  They are following guidelines, laws, and protocols that they can't vary.  You are on a roller coaster and you can't get off until the end.  So don't fight it.  Don't fight them.  Try and enjoy it if you can.

In the words of The Hitchhiker's Guide to the Galaxy, "Don't Panic."

Rule Number Two: Be Civil and Polite

That doesn't mean cave in and roll over.

You can be firm, but be as pleasant as you can.  No matter what provocation.  If you are nice, they will tend to be.  At the very worst, even if they aren't nice back, you are not adding any further charges like resisting arrest to your worries.  You must act cooperative, even when you are being very uncooperative.  The phrase here is "passive resistance."

Just keep in mind, no one there is your friend.

One of the commonest techniques is for an interrogator to try and establish a connection with you.  One of the tenets of social engineering is the desire to please.  Interview techniques play on this.  Many people also have a strange burning desire to confess.  People love to unburden themselves on sympathetic strangers.  Don't be so foolish.  A lot of these ideas you can also use and turn against them.  But be subtle   If you are nice, polite, cooperative, and meek, then the people dealing with you will be tempted by the desire to please impulse, and may make slips that are favorable to your position.

Rule Number Three: Get Lawyered Up

If you are in a country that provides a free lawyer or you can afford one, then get one.

It may delay things, but hey, you got all day and all night; you are not going anywhere.  Good or bad, a lawyer will know the local law.  They will normally also know the local law enforcement personnel.  Just remember that a lawyer is there to advise you.  It's advice and you don't have to take it.

There are other advantages to a lawyer.

In certain legal systems, they will be given a lot of information that you won't get on your own.  They can ask questions to people that you can't.  The other big advantage of a lawyer is that hopefully you have got an independent witness to everything that is going on.

Rule Number Four: Say Nothing

This is so important that it's worth covering twice.

If you have a right to silence, use it.  You can still talk with your captors, but keep it to small talk.  Say nothing about anything you could have been arrested for.

If you feel (or your lawyer advises) that you have to answer certain questions, then keep it brief and to the point.  Answer always in a way that closes the conversation.  Don't leave a sentence hanging that invites further follow-up questions.

The more information you give, the deeper the hole you are digging for yourself.  Keep things short and factual, and never give an opinion.  If you don't remember something, then say so.  No one has a perfect memory.

What you are aiming for here primarily is to avoid intentionally or accidentally incriminating yourself.  Secondly, you are making them work for every piece of information from you.  By being polite, calm, and answering each question in a way that shuts down that topic, you are interrupting the flow of the conversation and breaking the interrogator's train of thought.

Don't ever get emotional.  One thing I have learned is that when either the interrogator or the suspect gets emotional, then the game is up.  Anger is the worst enemy, but any emotion will be your downfall.  Distance yourself mentally from everything that is happening and take nothing personally.  The moment you do, you will not be able to think clearly and will be placing yourself in a state where you are highly likely to talk too much.

It's quite fun if you have the ability and opportunity to get your interrogator to lose their temper.  However, I seriously wouldn't recommend going down that route, unless you are either very confident or very experienced in being interviewed.  A ploy like that is extremely likely to involve you investing emotion into the interview and thus falling into that trap.

Staying calm is really the key to it all.  Arrest and interview are by their very nature stressful.  Potentially losing your liberty is as well.  It is worth learning (if you haven't already) some breathing and visualization exercises that you can then employ in the interview to get your pulse rate down and your head clear.

If you're unlucky enough to be arrested somewhere that doesn't have a right to silence, then you are going to have to give some kind of account.  Here, as earlier, keep it simple, keep it factual, and keep it short.

If you've already told them something and then you are asked the same thing a second time, just politely refer them to your original answer.  Don't get drawn into expanding upon answers you have already given.  A very good technique if you are going to give an account is to prepare a written statement.  This is best done with a lawyer.  Outside of the pressure of the interview, you can carefully write down your statement.  Then, in the interview, refer all questions to your written statement and answer nothing else.

Once the interrogation is over and the tapes stop turning, say nothing more in relation to the case.  Don't let the relief of it being over tempt you into opening up.  Their chance to question you is over.  Unless they convene another interview, they have had their opportunity.  Just because the tapes have stopped doesn't mean they can't use anything else you say against you.

Whether you get bail or they keep you in lockup, say nothing more to anyone about the case.  Even in a cell or an office, there could well be hidden recording equipment or someone who isn't who they appear to be.

If you get released, try to obtain copies of all records you're entitled to.  If you can get a copy of the interrogation, then do so.  If you can't, then go and write it down as soon as you can, while it's still fresh in your mind.

As a final point, laws differ the world over.

If you are engaged in activities that mean you are likely to receive unwelcome attention from the authorities, take the time to do a little study of local laws and criminal procedures.  If you know what things are likely to happen to you and you know the rules the law enforcement people have to follow, you will be a lot calmer and able to focus on getting yourself out of the situation.  It may even be worth doing a bit of checking for local lawyers and finding out any who specialize in fields of law that may be of use to you, as well as learning what their reputations are like.

Once you've found a good lawyer, get a business card from them or memorize the phone number, so you can call them at your hour of need.

In the worst case scenario that you are arrested in a country that doesn't have the fundamental guarantees on freedom, like a right to silence and a right to an attorney and, heaven forbid, may even use physical or mental torture, then my advice is to just tell them what they want.

Confessions obtained under duress are morally reprehensible and would not be valid in any sane court.

To sum up.  Prepare for the possibility of arrest if you can, then...
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