"It's a fair point, but I'm kind of getting tired of responding to it. I think that such an absolutist stance can be more harmful than helpful in some situations, and that view is backed by my anecdotal but not-insignificant experience."
If you do not admit anything, your statements cannot be used against you in court since you did not admit anything. And how do you tell in advance when your purported exculpatory statements will be helpful? Answer: you cannot. Hence you do not make statements.
"Some officers do not care about your rights or the law, and if you demand a lawyer when they ask how much cash is in the vehicle after they pull you over for doing 37 in a 35 zone, then you and your lawyer are going to spend a little while dealing with the matter."
If you are dealing with law enforcement that does not respect the law, why would you not want an attorney to present your side of the argument?
"Whereas if you give nothing away while remaining polite and courteous and aware that you are probably being lied to, you might drive off with a warning. You might still need to fall back to "am I being detained", but you might not. Sometimes you simply can't completely avoid a conversation, especially when the other party can physically compel you and make up an excuse later."
What you are describing is unlawful behaviour on the part of the law enforcement officer. A law enforcement officer cannot "compel" you to make a statement, as that would be inadmissible in a court of law as a statement made under unlawful duress.
"There is no universal good advice for such difficult and varied situations, and acting as though there is doesn't do anyone any favors."
Yes, there is under the U.S. criminal justice system. You do not make statements to law enforcement officers who are investigating a crime.
"And incidentally, the absolutist "never speak at all" part of the James Duane talk comes with the caveat, "if you are being suspected of a serious crime". The article seems to be more about officer-knocks-on-your-door or traffic stop sort of situations."
Whether it is a criminal offense or a civil wrong, e.g. a parking ticket, the same logic applies. Do not make statements to law enforcement.
I always say politely "I respectfully decline to answer questions." I never make it a machismo contest or get upset, but sometimes I have to repeat that a few times. Also super important "I decline a search of my vehicle and person as a matter of principal."
"It's a fair point, but I'm kind of getting tired of responding to it. I think that such an absolutist stance can be more harmful than helpful in some situations, and that view is backed by my anecdotal but not-insignificant experience."
If you do not admit anything, your statements cannot be used against you in court since you did not admit anything. And how do you tell in advance when your purported exculpatory statements will be helpful? Answer: you cannot. Hence you do not make statements.
"Some officers do not care about your rights or the law, and if you demand a lawyer when they ask how much cash is in the vehicle after they pull you over for doing 37 in a 35 zone, then you and your lawyer are going to spend a little while dealing with the matter."
If you are dealing with law enforcement that does not respect the law, why would you not want an attorney to present your side of the argument?
"Whereas if you give nothing away while remaining polite and courteous and aware that you are probably being lied to, you might drive off with a warning. You might still need to fall back to "am I being detained", but you might not. Sometimes you simply can't completely avoid a conversation, especially when the other party can physically compel you and make up an excuse later."
What you are describing is unlawful behaviour on the part of the law enforcement officer. A law enforcement officer cannot "compel" you to make a statement, as that would be inadmissible in a court of law as a statement made under unlawful duress.
"There is no universal good advice for such difficult and varied situations, and acting as though there is doesn't do anyone any favors."
Yes, there is under the U.S. criminal justice system. You do not make statements to law enforcement officers who are investigating a crime.
"And incidentally, the absolutist "never speak at all" part of the James Duane talk comes with the caveat, "if you are being suspected of a serious crime". The article seems to be more about officer-knocks-on-your-door or traffic stop sort of situations."
Whether it is a criminal offense or a civil wrong, e.g. a parking ticket, the same logic applies. Do not make statements to law enforcement.