I went to a seminar put on by the Seattle Chapter of the National Lawyers Guild. If police stop you outside a car, this is what you should do:
ask: "Am I free to go?" Persist until you get a yes or no
-if yes, leave ASAP
-If no, say this:
"I'd like to speak to a lawyer"
"I don't consent to a search"
"I am exercising my right to remain silent"
You must request a lawyer clearly and directly.
Simply being silent doesn't invoke that right. You have to invoke it directly.
@Anarkat @JohnBrownJr I'm not very educated on the topic, but I have heard it may be better to say that one is "invoking their right to speak to a lawyer" as cops may choose to be shitty and willfully obtuse about one's phrasing.
@certifiedperson @JohnBrownJr true. The lawyers I talked to said "I'd like to speak to a lawyer" should be good enough, but betting more precise can only benefit you. If you use that specific phrase, even if the cop is obtuse about it, then any further evidence could be slapped down because it should be eminently clear what someone means when they say "I would like to speak to a lawyer" to a cop
1/2
@certifiedperson @JohnBrownJr however, the lawyers I talked to did point out that imprecise wording can lead to a ruling against you. The example they presented was of someone who was arrested that said "I want a lawyer, dawg" and the state successfully argued that what he meant was unclear, and could be interpreted as him asking for a "lawyer dog"
If he'd just said "I want a lawyer" there could have been no misunderstanding his request. 2/2
