A Law Professor Explains Why You Should Never Talk to Police

Harry Cheadle

James Duane doesn’t think you should ever talk to the police. Not just, “Don’t talk to the police if you’re accused of a crime,” or, “Don’t talk to the police in an interrogation setting”—never talk to the cops, period. If you are found doing something suspicious by an officer (say, breaking into your own house because you locked yourself outside), you are legally obligated to tell the cop your name and what you’re doing at that very moment.

Other than that, Duane says, you should fall back on four short words: “I want a lawyer.”

In 2008, Duane, a professor at Virginia’s Regent Law School, gave a lecture about the risks of talking to police that was filmed and posted to YouTube. It’s since been viewed millions of times, enjoying a new viral boost after the Netflix documentary Making a Murderer spurred interest in false confessions. His argument, which he’s since expanded into a new book called You Have the Right to Remain Innocent, is that even if you haven’t committed a crime, it’s dangerous to tell the police any information. You might make mistakes when explaining where you were at the time of a crime that the police interpret as lies; the officer talking to you could misremember what you say much later; you may be tricked into saying the wrong things by cops under no obligation to tell you the truth; and your statements to police could, in combination with faulty eyewitness accounts, shoddy “expert” testimony, and sheer bad luck, lead to you being convicted of a serious crime.