Police Lies and Deception as Acceptable Interrogation Techniques

The Right to Remain Silent

The 5th Amendment to the United States Constitution guarantees criminal defendants the right to remain silent. Because this right belongs to the defendant, he is required to either invoke it for his protection or waive it by agreeing to speak with the police.

However, anything a defendant chooses to say may be used as evidence in a subsequent criminal prosecution or trial. Police most often inform criminal suspects or defendants of the right to remain silent before questioning during the so-called Miranda rights advisement.

Police Interrogations vs. Interviews

Police questioning of a suspect or defendant may be referred to as an interview or an interrogation. Police often characterize the questioning of suspects as an interview. Use of the term interview implies that the interaction is an objective, open-ended question-and-answer session. However, these interactions are more accurately characterized as interrogations.

This is because police officers are trained on how to structurally and strategically question suspects or defendants to maximize the ability to obtain admissions by the defendant to committing a crime. When a suspect denies any wrongdoing, most interrogators do not document the denial, end the interrogation, and thank the defendant for his cooperation.

Instead, the officers press on with more questions, often more aggressively, in a strategic effort to overcome the suspect’s denials in an effort to gain a confession.

The Legality of Police Deception

One of the dangers of agreeing to participate in police questioning is that police interrogators are not required to be truthful with the interviewee.

The person being questioned is not entitled to any information about the nature or scope of the underlying police investigation or even the true reason or purpose for the interview.

Police are also permitted to lie to a suspect as an acceptable interrogation technique or make misrepresentations about their investigative purpose, evidence already obtained, and so much more.

Real-Life Example of Police Deception

For example, in a recent murder case that involved a shooting, police interviewed the primary suspect. The first half of the interview was designed to ask the suspect questions about his actions on the night of the shooting, including his whereabouts and attendance at local bars and nightclubs.

Police used this information to acquire surveillance footage of the defendant to document his clothing from the night of the shooting.

As the interview progressed, police revealed they were conducting a homicide investigation and showed an imperfect video of the shooting. The shooter could not be identified on the video due to its poor quality.

However, the police lied to the suspect, claiming that several of his friends had identified him as the shooter. This was a lie.

However, police were permitted to misrepresent the existence of evidence against the man (i.e., eyewitnesses) in an effort to persuade him that his identification as the shooter was a foregone conclusion, aimed at gaining his confession to committing the shooting.

The tactic did not work in this instance, but it illustrates how police are permitted to use lies and deception as acceptable interrogation tactics.

Protecting Yourself from Deceptive Interrogation Practices

A suspect or defendant cannot participate in questioning with police on even footing or an even playing field. Police are well-trained interrogators, which gives them the upper hand. They are also permitted to withhold information from you and even misrepresent endless facts or information during interrogations as they strive to obtain a confession.

Do not fall victim to these unfair interrogation practices. Protect yourself by invoking your 5th Amendment right to silence right away, and repeatedly and firmly if needed. Next, contact a criminal defense lawyer immediately.

Contact a Criminal Defense Lawyer

If you are suspected of a crime and have been contacted by police to participate in questioning, contact Criminal Defense Lawyer John L. Calcagni III at 401-351-5100 for a free consultation.