Quote History Andrew Branca, "The Law of Self Defense"
Chapter 9
"Tell the responding officers exactly what you told 911:
1. Your name
2. Your location
3. Three specific sentences about what happened and why:
a. I was attacked
b. I was in fear for my life (my family, etc).
c. I had to defend myself.
4. Identify exculpatory evidence and witnesses.
Remember, the jury is only going to arrive at their verdict based on the evidence. If a piece of evidence goes missing, it does not exist for legal purposes. It becomes speculation.
Good cases of self defense do not suffer from too much evidence. The suffer from too little evidence. More evidence is good for the good guys.
So what kind of evidence should you make when you interact with responding officers?
Evidence that will help your narrative. What the law refers to as exculpatory evidence. And for the most part exculpatory evidence comes on the form of objects and witnesses. And you need exculpatory evidence secured. If it isn't, part of your story becomes speculation, which doesn't exist for legal purposes.
If a thug attacks you with a knife, and as you shoot him that knife goes flying into a bush, tell the responding officers to go look in that bush. If you don't and the knife isn't recovered, it doesn't exist for legal purposes. Given the knife justifies your actions, failing to recover it would be devastating to your legal defense.
If all you say is "I want my lawyer" you let that exculpatory evidence disappear. I can assure you that your lawyer is not going to think you are a legal genius for following the advice of a Youtube video to "never talk to the police".
Massad Ayoob
"Conventional wisdom — and many a concealed-carry instructor — says that you should clam up when police arrive at the scene and refuse to say anything without your attorney present, because “police are not your friends” in that situation.
Defensive shooting expert Massad Ayoob disagrees.
Massad Ayoob offers a five-point checklist of things to cover with the police instead of just clamming up:
Establish the active dynamic. This means letting the investigators know what the bad guy did to force you to use your firearm against him. This establishes you as the victim.
Reinforce that by stating you will testify against the bad guy — and Ayoob says the wording of that may be “a little bit tricky.” Don’t say “I’ll press charges,” because in some areas only prosecuting attorneys can press charges. Instead, say “I will testify against him/them.” This strengthens your position as victim.
Point out the evidence. Preserve it if possible; which can be difficult when medical and other personnel are running around disturbing the scene.
Point out the witnesses. I know from experience that witnesses don’t always get interviewed or even have a statement taken at the scene; do your best to make it easy for officers, so the witnesses can back up your story.
Shut up. Tell the officer he or she can expect your full cooperation after you’ve spoken with an attorney."
Also, "if you were attacked by multiple bad guys and one or more of them get away — and you say nothing to the police so they don’t know that 1) you were facing multiple threats when you used your firearm for self defense and 2) there are some bad guys at large — that doesn’t help your case in the least."