Tiger Woods' Problem And Why Not To Talk To Police
5810352news analysis Whatever happened between Tiger Woods and his wife last Friday, by now they're probably wishing they never talked to the police.
The initial reports said Woods lost control of his Cadillac SUV outside of his home and hit a fire hydrant and tree in his neighbor's yard. His wife, Elin Nordegren, reportedly told local police that she was in the house and, according to the police chief, "came out and broke the back window with a golf club" to extricate her husband.
But TMZ.com reported on Monday that Woods' wife told a different story to Florida state troopers that involved her searching for him in a golf cart, and that there was no blood on the steering wheel. That opens the couple up to the possibility of an investigation of spousal abuse on the possibility that the injuries were suffered before his accident; TMZ claims the Florida Highway Patrol is seeking a search warrant after Woods turned them away from his home three times. (Here's Woods' statement, and a CBS News report about an alleged other woman.)
Let Tiger and Elin's encounter with the local constabulary be a warning to you: Don't talk to the police without your lawyer present. Even if you're innocent. Just don't.
This advice may seem counter-intuitive. But before you convince yourself I'm wrong, it's worth watching this video (below) by James Duane, a professor at the Regent University School of Law in Virginia Beach and former criminal defense attorney, who makes precisely this point about your Fifth Amendment rights. (Here's a rebuttal from a police officer who agrees.)
One reason is that the list of what is and what isn't a crime has grown so long that even lawyers can barely figure it out. The American Bar Association has only an estimate of how many crimes exist: Offhand, do you know what is and isn't legal? Another is that, if the police already have a sufficient reason to arrest you, you're not going to be able to talk your way out of it.
Plus, the recollection of police officers can be mistaken; they may say you acknowledged guilt of some sort. Who do you think a judge will believe? The Innocence Project reports that: "In about 25 percent of DNA exoneration cases, innocent defendants made incriminating statements, delivered outright confessions or pled guilty."
The folks at Flex Your Rights, a non-profit group, have put together a less lawyerly, more comprehensive video titled: "BUSTED: The Citizen's Guide to Surviving Police Encounters." And of course, when dealing with federal police, telling them any "materially false" statement is a federal crime.
It's one thing if you call the police if, say, your wallet is stolen. But when they initiate the conversation and you may be a suspect, it's rarely in your best interests to talk. Just don't.
Because Tiger Woods' wife chose to speak with police, now she and her husband have become (at least if you believe TMZ) the focus of an criminal investigation. Remember, you have the right to remain silent. Use it.
Declan McCullagh is a correspondent for CBSNews.com. He can be reached at declan@cbsnews.com and can be followed on Twitter as declanm. You can bookmark Declan's Taking Liberties site here, or subscribe to the RSS feed.
© 2009 CBS Interactive Inc.. All Rights Reserved. The initial reports said Woods lost control of his Cadillac SUV outside of his home and hit a fire hydrant and tree in his neighbor's yard. His wife, Elin Nordegren, reportedly told local police that she was in the house and, according to the police chief, "came out and broke the back window with a golf club" to extricate her husband.
But TMZ.com reported on Monday that Woods' wife told a different story to Florida state troopers that involved her searching for him in a golf cart, and that there was no blood on the steering wheel. That opens the couple up to the possibility of an investigation of spousal abuse on the possibility that the injuries were suffered before his accident; TMZ claims the Florida Highway Patrol is seeking a search warrant after Woods turned them away from his home three times. (Here's Woods' statement, and a CBS News report about an alleged other woman.)
Let Tiger and Elin's encounter with the local constabulary be a warning to you: Don't talk to the police without your lawyer present. Even if you're innocent. Just don't.
This advice may seem counter-intuitive. But before you convince yourself I'm wrong, it's worth watching this video (below) by James Duane, a professor at the Regent University School of Law in Virginia Beach and former criminal defense attorney, who makes precisely this point about your Fifth Amendment rights. (Here's a rebuttal from a police officer who agrees.)
One reason is that the list of what is and what isn't a crime has grown so long that even lawyers can barely figure it out. The American Bar Association has only an estimate of how many crimes exist: Offhand, do you know what is and isn't legal? Another is that, if the police already have a sufficient reason to arrest you, you're not going to be able to talk your way out of it.
Plus, the recollection of police officers can be mistaken; they may say you acknowledged guilt of some sort. Who do you think a judge will believe? The Innocence Project reports that: "In about 25 percent of DNA exoneration cases, innocent defendants made incriminating statements, delivered outright confessions or pled guilty."
The folks at Flex Your Rights, a non-profit group, have put together a less lawyerly, more comprehensive video titled: "BUSTED: The Citizen's Guide to Surviving Police Encounters." And of course, when dealing with federal police, telling them any "materially false" statement is a federal crime.
It's one thing if you call the police if, say, your wallet is stolen. But when they initiate the conversation and you may be a suspect, it's rarely in your best interests to talk. Just don't.
Because Tiger Woods' wife chose to speak with police, now she and her husband have become (at least if you believe TMZ) the focus of an criminal investigation. Remember, you have the right to remain silent. Use it.
Declan McCullagh is a correspondent for CBSNews.com. He can be reached at declan@cbsnews.com and can be followed on Twitter as declanm. You can bookmark Declan's Taking Liberties site here, or subscribe to the RSS feed.
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I have an incredible relationship with my wife that makes it easy. Yes everybody, I agree that this isn't really something that should be anybody's business but Tiger's. If he wasn't famous, nobody would care. I do however, think the best way he could fix this is to man up and say exactly what he did. None of this, "I'm sort of sorry that I kind of did something, sort of..." None of this hiding behind damage control reps and lawyers. As tawdry as it was, at least guys like Jimmy Swaggart or Eliot Spitzer had the guts to own up when cornered.
Tiger had a 2 1/2 - 3 Year Relationship with this Woman.
He has More DIRT COMING.
In a 3 Year Romance, you get Comfortable with a Woman, you get Too Comfortable and You get even More Comfortable if You're Married and getting away with your Under-Cover Lover.
You get so Comfortable that you Text Message, Sext Message and Leave Messages on her Answering Machine or Cell Phone...
You also Feel Free in her Sending You Sexual Images, Risque Language and Videos Of Your Sexual Interludes.
If Videos of the 2 of them having Sex are Released.
His Career will Not be Over...
But his Mystique Surely Will, Especially if it's Lurid Behavior, best kept Off Film.
[[THINK]]
The point of this article though, is very well taken. Never say anything to any police officer without an attorney present and probably not even then. The best and only thing to say is, "I have nothing to say. I am very disturbed by your questions and will not comment further."
Keep in mind that very few members of the "justice" system are interested in anything but advancing their careers. This is true for beat cops, prosecutors, "public defenders", and judges. Truth and justice are not important and making a successful case against anyone does help their career. So just remain silent and you will be far more protected.