Chicago, IL—We all know that Cook County State’s Attorney Anita Alvarez hates Conservatives, cops and gun owners. We also know that she will indict anyone for murder that uses deadly force that she can despite reasonable justification.
Most experienced officers can early on read the signs of a righteous shooting. We need to give taxpayers the benefit of the doubt when they have shot up some young thug whose mother will avow he was just turning his life around.
The patrol men and women responding to that kind of a shooting should start their investigations with enhanced Miranda warnings even before the point of accepting a shooters statements or excited utterances. Most people involved in justifiable shooting want to make a case of necessity to you on the street out of presence of a lawyer. It is most often very difficult to shut them up because of all the excitement. Please, do them the favor of stopping them cold.
Tell the shooters that you and the detectives that follow up the shooting will not be making the decision to charge them with a crime. That as we know will happen on the whim of some ASA dancing to Alvarez’s depraved music.
Advise these folks to say nothing without a lawyer and quickly tell them they won’t be arrested if they invoke their rights with you and the dicks. Tell the potential shooter you’re not psychic and without a confession you’d not have enough evidence to arrest anyone.
The passage in the case report is always best read that, “Reporting officer asked (blank) what happened and he invoked his rights to remain silent and asked to have an attorney present.”
Your report can then reflect a whodunit angle since people refused to talk. Alvarez’s hands will be tied.
You simply give people their rights a little early in the game and save them from spending a couple of years in jail while they wait for a judge or jury to free them.
I’ve yet to see a CR get issued for handing out Miranda warnings too early in an investigation.