January 28, 2013

Can The Police Lie to You?

The short answer: YES

There is a popular perception among the public that law enforcement officers are dedicated to staying honest and truthful at all times, but this is simply not the case. If you are questioned by police in your home, or you are brought into the station for interrogation, officers can lie to you to get the information they need for a conviction. Officers can deceive and mislead whether they are known to be police or are working undercover, and it's a myth that undercover cops have to reveal their true identities when asked.

Police are allowed to deceive suspects during an investigation according the the supreme court case Frazier v. Cupp. The case involved a U.S. marine, Martin Frazier, who confessed to a murder after being falsely informed that his cousin had confessed and implicated him in the crime. Frazier partly appealed his conviction on the grounds that his confession was given involuntarily. The supreme court at the time, lead by Chief Justice Earl Warren, said Frazier's confession was not involuntary due to the "totality of the circumstances" at the time despite officers feeding him false information. The court also dismissed Frazier's argument that he wasn't given his Miranda rights; the majority opinion noted that the Miranda v. Arizona cased had not been decided at the time of the confession.

People find it hard to believe that anyone would confess to a crime they didn't commit, making a confession an extremely valuable piece of evidence in a trial. Defendants are often convicted during jury trials when the prosecution has nothing more than a signed written confession. Despite the presence of Miranda warnings in popular culture, many defendants waive their right to remain silent in the belief that they can convince officers of their innocence. This is a mistake. This video, Don't Talk to the Police, provides a clear understanding of your right to remain silent. The lecture is given by a law school professor and a police officer.

The 5th Amendment protects your right to stay silent when being questioned by the police. Innocent people have been sent to prison for long periods of time for saying incriminating things or making false confessions in front of cameras and officers. Interrogations, whether they take place in your home or in the police station, can be very intimidating to ordinary people. The best thing you can do if you're being questioned by police as a suspect is to ask for a San Diego lawyer and stay quiet. You cannot be punished by a court for staying silent, but a lot can go wrong if you say the wrong thing to an officer.

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