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The Truth About Police Lying in Criminal Investigations - Huss Law-PLLC

Do you want to know the truth about police lying during criminal investigations? The truth is, police deceive and lie during criminal investigations all of the time. This is an awesome power for the government. And although the dishonest police officer will be cross-examined on this topic, for the most part, juries do not typically hold this deceptive practice against the State's case. The reason police can lie during criminal investigations is fairly obvious. Indeed, United States courts have routinely upheld this practice as a means to "level the playing field" between cop and criminal, who are presumptively dishonest. Nevertheless, there are some legal limitations to law enforcement deception during criminal investigations. There are two main legal limitations to police deception during investigations. First, there are due process considerations. And second, constitutional protections.

DUE PROCESS CONSIDERATIONS
A common legal limitation to police deception and trickery during criminal investigations includes due process considerations. This could be police using tactics so extreme and so outrageous that they would cause an innocent person to confess to a crime they did not commit.

For any doubters, false confessions are real. And they are often extorted through misconduct or over-reaching by the police. These situations raise voluntariness issues. In short, did the person make a voluntary statement to the police? Or, was the statement to the police the product of a coercive police environment. Specifically, the police cannot play on a person's emotions, lack of experience with the legal system, or lower intelligence level to the point the person's will is overcome. When and at what point is a person's will overcome? That point is determined by multiple factors including a person's education and experience with the criminal justice system. But the predicate to a voluntariness issue is extreme and egregious police conduct.

CONSTITUTIONAL PROTECTIONS
A second legal limitation to police deception and trickery during criminal investigations are Constitutional protections. The bill of rights in the United States Constitution lays out the civil liberties and rights afforded to each citizen. An example of police violating these rights in a deceptive investigation would be police lying to have a person give up a constitutional right. Specifically, police may not lie about having a warrant or other legal authorization to conduct a search or seizure. Another example would be police suggesting to a suspect that if they confess, then the police will see to it the person gets leniency or a reduced sentence. This would be dishonest as only the prosecutor has the power to guarantee leniency or a reduced sentence. And the police would be engaging in this behavior to trick the person into waiving their Fifth Amendment Right against self-incrimination. Indeed, these are direct violations of a person's Constitutional rights and may have impacts on a person.

POLICE DECEPTION
Police deception and tactics has been directly linked to false confessions, which can have serious consequences. Specifically, wrongful convictions, imprisonment, and damage to a person's reputation and future opportunities. It is very important to scrutinize confessions and statements carefully to consider the circumstances in which they were obtained. This could potentially result in a motion to suppress due to a voluntariness issue, which could lead to a suppression of statements and possibly a case dismissal.

In this video, Tempe Arizona's Best Criminal Defense and DUI Attorney, Jeremy L. Huss of Huss Law, PLLC discusses the truth about police lying during criminal investigations.

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