Post Incident Stress Article

[Chemsoldier]

Here is an article about a gun guy who was in a moderately bad auto-accident with his son in the vehicle and the stress response aspects of the incident.  It seems to have applicability to about anyone.

http://www.gunnuts.net/2016/03/24/post-incident-stress/

[endurance]

That's about spot on from my experiences, too. I tend to do really well during the incident keeping my wits about me, but somewhere about 5-15 minutes after the peak has passed, I generally break down. I just need a nap. Sometimes I'm shivering. Sometimes I'll just start crying despite everything turning out perfectly. It's unpredictable and therefore, not to be trusted. Get to a safe place to decompress and don't talk on the record to anyone that doesn't have a legal obligation to maintain privacy.

[FreeLancer]

 

[RitaRose1945]

That's about spot on from my experiences, too. I tend to do really well during the incident keeping my wits about me, but somewhere about 5-15 minutes after the peak has passed, I generally break down.

That's me.


I've been through multiple horrifying/dangerous situations, and I'm fine while it's happening.  My reflexes are good, I think fast, and I say exactly the right thing.  When it's all over, my legs go weak and I might cry.

[RitaRose1945]

From the article:


Just because you haven’t been read your Miranda Rights doesn’t mean what you say is inadmissible.


I was told by local PD (friendlies) that often they won't read a suspect their rights, but they also won't ask them any questions.  If they don't ask, rights don't have to be read yet, and suspects often suffer from diarrhea of the mouth, telling everything before they've even been asked.  Whatever you say before you're asked is absolutely given of your own free will and perfectly admissible.

[alan123]

Yeah when the adrenalin kicks in it is bad.

[endurance]

From the article:


Just because you haven’t been read your Miranda Rights doesn’t mean what you say is inadmissible.


I was told by local PD (friendlies) that often they won't read a suspect their rights, but they also won't ask them any questions.  If they don't ask, rights don't have to be read yet, and suspects often suffer from diarrhea of the mouth, telling everything before they've even been asked.  Whatever you say before you're asked is absolutely given of your own free will and perfectly admissible.

Miranda applies to custodial questioning. If you're not in custody and free to go, they don't have to mirandize you and it's all admissible. Sometimes it comes into question whether you knew you were in custody or not, but it's always best to just shut up. If you're not at home, ask if you can go home. If you're home, ask if you can go stay with a friend while they gather evidence. Just sitting somewhere, with cops around, while your brain is desperate to decompress is a recipe for disaster. Get away unless they're holding you. If they're holding you, say you need medical attention (chest pain for the win). When you get to the ER say you have anxiety from what just happened so you can get something to take the edge off, then tell them you'd be happy to speak with them after you've had the chance to talk with your attorney, but do not talk now.

[FreeLancer]

When you get to the ER say you have anxiety from what just happened so you can get something to take the edge off, then tell them you'd be happy to speak with them after you've had the chance to talk with your attorney, but do not talk now.

That is a good plan.  It's relatively easy to argue that drugs for pain and anxiety interfere with normal memory and thought processes (especially if you're opioid or benzodiazepine naive).

[osubuckeye4]

From the article:


Just because you haven’t been read your Miranda Rights doesn’t mean what you say is inadmissible.


I was told by local PD (friendlies) that often they won't read a suspect their rights, but they also won't ask them any questions.  If they don't ask, rights don't have to be read yet, and suspects often suffer from diarrhea of the mouth, telling everything before they've even been asked.  Whatever you say before you're asked is absolutely given of your own free will and perfectly admissible.

It's a bit more complex than that. The officer can ask any questions they want before reading someone their rights... they just can't ask questions after the person has been detained (without reading Miranda Rights)



So if an officer walks up to you and says, "Good morning, what is going on here?" and you say, "I just stabbed someone 7 times in the alley over there" and the officer says, "that's it, you're under arrested" you can't say, "haha, gottcha... you didn't read me my Miranda Rights, and can't use that in court".

Technically, the officer never said, "stop, you're being detained. Tell me that's going on here". You always had the opportunity to not answer the officer and to walk away when s/he asked what is going on.


Those two might not sound very different, but they are extremely different in a court of law.

It's not until you say something along the lines of, "I'm going to leave" and the officer says, "no you're not, you're under arrest" that they have to read you your rights. (or, if they've cuffed you and physically detained you)


EDIT: Crap, Endurance already said pretty much exactly the same thing

[endurance]

Great minds think alike.

[RitaRose1945]

Actually, the fact that you both agree means a lot.

[PrepperJim]

I was in an accident about three years ago that was entirely my faulty. My mind wandered and I ran a red light, got T-boned on the passenger side. Thankfully, my pregnant wife was not in the car.

When the police officer showed up, it took me about 10 minutes to realize I should have declared that I was carrying and had my permit (gun in the wrecked car). The LEO was an old guy and said he did not worry about guys like me (benefits of being a middle aged, balding, business casual dressed guy in a "good" neighborhood). Imagine if I got cuffed and stuffed that day for not showing my license on first contact.....

Live and learn....