Are Police Allowed To Lie During Questioning Or Interrogation?
Yes, the police would be allowed to lie to the person during questioning. There is actually a Supreme Court case (Frazier v. Cupp, 394 U.S. 731 (1969)) that addressed that issue and said that police are allowed to “lie” during their investigation.
One tactic the police use is to lie to get a confession. Let’s assume it is known by the police that a person had committed a crime, but without a confession it can not be proven in court. The police might tell the person they were there to help them and to just tell the truth; and that if the person did not tell the truth, it would be too late and the case would go to court and then the police would not be able to do anything for them.
In a co-defendant case, the police usually place one co-defendant in one room and another one in a separate room. The police will then talk to one defendant and tell him or her to just tell the police what happened and admit what she or he did. The police might say that the person’s friend had already told them what happened but they just wanted to hear it from the person’s own mouth. In fact, the friend had not said anything to the police at all. This is just one example of a deceitful tactic police use during interrogation and it is perfectly legal.
Is It A Sign Of Guilt If The Person Refused To Answer Questions And Chose To Remain Silent?
A lot of people feel intimidated to ask for an attorney and many more people think that the police would automatically assume they are guilty if they do ask for an attorney. Police know this and will often use this knowledge to dissuade people out of requesting an attorney.
Not asking for an attorney is one of the biggest mistakes people under investigation make. One should never speak to the police without their attorney present.
How Would Someone Know They Were Under A Criminal Investigation Or Being Charged?
In most cases when someone is charged with a crime they are either arrested and/or notified of the charges in writing. However, one might never know they are under criminal investigation until after charges are brought.
Obviously the police will not inform the public of a “stakeout” or an undercover investigation, so in those cases one would not know they are under investigation. In most cases one will find out they are under criminal investigation when initially contacted by a law enforcement agency. Sometimes the contact is by a letter informing the person the police want speak to them.
Is The Person Obligated To Meet With The Police Or Detective, And Can They Go In Without An Attorney?
One is not obligated to meet with the police or detective, and I highly recommend against willingly letting the police interrogate you.
The police would not be questioning a person because they want to help him or her. The police want to question one because they think he or she is a suspect. Voluntarily speaking to the police, specially without an attorney present, will usually result in an arrest.
Should The Person Be Nice And Agree To Meet With Police?
I always advise my clients not to speak to the police voluntarily or at worse without an attorney present. Some people think “I have done nothing wrong” and/or “I have nothing to hide, why should I be afraid of speaking to the police?” Even though these statements might be true, walking into police station and speaking with the police can be a very intimidating experience. Usually it takes place in an interview room, with no one there except you and the police. One, sometimes two, police officers will be asking questions and trying to trip you up. It’s their job to try to gather evidence so they could build a case and present it to the district attorney. Some people feel that if they did go in with an attorney, it would just give the police more reason to arrest them. This is far from the truth. You are just exercising your constitutional right if you went in with an attorney, and there is nothing wrong with that.
For more information on Dealing With Police For Criminal Charges, an initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (310) 448-1520 or Contact Us online. today. Our office is conveniently located in the Westside Towers in Los Angeles, within minutes of Santa Monica, Beverly Hills, Westwood, and steps away from the Expo/Bundy Station. We have flexible hours and weekend appointments, and we will visit you in jail to discuss your case.