NeverGetBusted Tip: Never Talk To The Kops

The Fifth Amendment gives you the right to never be a witness against yourself. These are the top four reasons why you should never talk to the police.

Reason #1: There is no way talking to the kops can help you. You can’t talk your way out of getting arrested. You can’t give them any information that will help you at trial. Anything you say can only be used against you and not for you. In fact, during your trial if your attorney asks an officer to repeat what you told him because it will help your case, the prosecutor can and will object because it’s hearsay.

Reason #2: Whether you are guilty or not guilty, you may still be manipulated into admitting your guilt with no benefit in return. In more than 25% of DNA exoneration cases, innocent defendants either made incriminating statements, delivered outright confessions, or plead guilty.

Reason #3: Even if you are innocent and deny your guilt and mostly tell the truth, you can easily get carried away and tell some little lie or make a little mistake that can hang you. The only time you should talk to the kops is in the presents of a jury. Having citizen witnesses and a court of record ensures your words do not get twisted and minor mistakes do not jeopardize your freedom.

Reason #4: Even if you are innocent and always tell the truth, you will always give the police some information that can be used to help convict you. Supreme Court Ohio vs. Reiner states, “One of the Fifth Amendment’s basic functions is to protect the innocent who otherwise might be ensnared by ambiguous circumstances. Truthful responses of an innocent witness as well as those of a wrongdoer may provide the government with incriminating evidence from the speaker’s own mouth.” Too many Americans view the Fifth Amendment privilege as a shelter for wrongdoers.

These four reasons were taken from the video produced by James Duane, a professor at Regent Law School and a former defense attorney. His video presentation is excellent and can be found at



  1. AnonymousBrian on

    I believe section 5 of the Canada Evidence Act (CEA) provides for the right against self incrimination. But whatever answer given can’t be used against you during that specific Trial. However it can be used as evidence in future legal actions.
    And beused as the basis for starting other criminal investigations.
    Its been awhile since looking at the Criminal Code so take a look at tha CEA first.

  2. Anonymous on

    Thanks for what you are doing Barry. Not just for the practical ‘Never get Busted’ stuff, but for helping people realize that they aren’t bad citizens for breaking unjust laws, that every individual has the right to alter their own consciousness responsibly in any manner they choose.
    Keep up the good fight!

  3. Anonymous on

    Hi Barry,
    I remember you mentioning that it’s sometimes a good idea to waive your rights so as not to arouse suspicion, like in the case of an officer asking to search your vehicle. Wouldn’t a cop get more suspicious if an individual suddenly stops talking? Do we stop talking only if we are being arrested or if we are faced with a really curious cop who has a feeling something is not right? I guess my question is when should we stop talking.

  4. Anonymous on

    Once again Barry Cooper gives us super useful tips.I’ve seen the video by Professor James Duane and it is funny and will teach you a lot.

  5. As far as I can see on

    Here in Canada we do not have a charter right to not incriminate ourselves such as the 5th Ammendment in the American Constitution. However we do have some simular rights granted to us.

    First and foremost is your Meranda Rights, as the books says, YOU HAVE THE RIGHT TO REMAIN SILENT. That sums it up pretty much, however after having some digging. I am no lawyer, but what I found was that a Judge can order you to answer questions in court, and that there is no right to silence if a judge rules you should answer the question.

    The only protection I could find in a court based scenario is the fact that any incriminating information cannot be used against the speaker in a future court case. This helps accessories and parties too more than the actual defendant.

    So you get wigged by the cops, enforce your right to silence, once you get to court if it goes that far, you will have legal reprenstation to help you weave your side of the storey and how to answer questions best.

    Never talk to the police, their motto is “When in doubt, arrest!”

  6. Anonymous on

    I was wondering if there was a Canadian equivalent to the 5th amendment…If anybody knows, post it here…thanks.