Thanks to Hollywood and social media platforms, there are so many myths about police deception out there. Innocent people can easily find themselves confused regarding the proper police procedure they should expect in California.
Police interrogations have been acted out on the big screen so many times that most people are very surprised when the reality turns out to be quite different.
That is why having a lawyer present from the word go is the safest route to take. Many people claim to have been tricked into giving a false confession, which is not something that can happen when Goss Law is on the case. They can advise on police misconduct in California.
Schedule a free consultation with the top-rated lawyers in Sacramento. They can also explain what to do if you are pulled over in California.
Deception: Are Police Officers Allowed to Lie?
As dramatic as movies can sometimes be, one thing they do get right is that police officers are allowed to use deception in certain circumstances. Therefore, claiming that the police lied is not enough to get pardoned or receive a lighter sentence.
However, in Washington, House Bill 1062 is currently in the pipeline. If passed, the legislation would change in such a way that police officers would no longer be allowed to lie about evidence during a suspect investigation.
This is a small victory for defense attorneys across the nation, but there is still a long way to go before complete reforms can be implemented.
As things stand, lies are still considered to be part and parcel of the road to justice. Police lying to suspects about crucial evidence happens every day. The following are some of the most common lies told by officers in California:
Reason for questioning a suspect
Results of DNA and forensic analysis
Available evidence
Statements by witnesses
Confessions from other suspects
The severity of the offense
Their ability to give a lighter sentence
The suspect's last chance to tell the truth
When Is a Police Lie Not Allowed
Even though some level of deception is common during an investigation, it does not mean that a police officer is allowed to lie about everything or completely misrepresent the evidence.
Such behavior by some police officers can lead to innocent people being wrongly convicted for a crime they did not commit.
The best criminal defense attorney in Sacramento knows when a police officer can legally lie and when they have crossed the line.
No matter the severity of the criminal charges a suspect is facing, a police officer is not allowed to lie in the following circumstances:
When Reading Out Miranda Rights
There is no scenario in which law enforcement officers are allowed to breach a suspect's constitutional rights. This is why a Miranda warning is very important. It should be given honestly and correctly.
When arrested, a suspect needs to be informed of their right to remain silent and request legal representation should they need it.
A similar case in which constitutional rights need to be upheld is when the police are searching a suspect's home, vehicle, or personal property.
According to the Fourth Amendment to the United States Constitution and Article 1, Section 13 of the California Constitution, police need to have a valid search warrant before conducting any legal searches.
When Seeking False Confessions
The police are not allowed to lie to a suspect to get them to give a false confession. If a person is arrested but claims that they are innocent, they cannot be cornered into thinking that they have no choice but to confess.
However, since there are some police lies that are allowed, it might be difficult for a suspect to determine whether their constitutional rights are not being violated. Having a good lawyer present is important in such cases.
What to Do When Arrested by a Police Officer
If arrested for any crime, it is important to know what steps to take as these might be the difference between walking away a free man or being convicted of the crime.
In most cases, it is best to simply say as little as possible and ask for a lawyer. This can be explained as follows:
Invoke the Fifth Amendment
As tempting as it might be to get on the defensive when accused of a crime, the best thing to do is usually invoke the Fifth Amendment and refuse to offer any information that may be used to gain a conviction.
Suspects are legally allowed to say as little as possible (or nothing at all) when being questioned. Many defense attorneys encourage their clients to remember the following statements when entering an interrogation room:
"I am invoking my Fifth Amendment right to remain silent. I also want to contact legal counsel."
If law enforcement officers persist in questioning the suspect, the same words can just be repeated until the arrival of a criminal defense attorney. This will avoid the risk of having to deal with false statements in the future.
Request Legal Counsel
One of the best things a suspect can do when arrested is to demand that their lawyer be called immediately.
Most law enforcement officers know that it becomes a lot more difficult to lie to a suspect once their criminal defense attorney arrives. As such, they will often do all they can to get a confession before legal counsel is called.
It is common for police officers to try to persuade suspects that calling for a lawyer is only done by guilty people, which is not true.
They may also attempt to make deals to obtain a confession. Again, this should not be accepted by anyone unless advised to do so by their attorney.
An Experienced Criminal Defense Attorney Can Help
There are a lot of things about the arrest procedures used by California police officers that may be difficult to understand, particularly when it comes to the kind of lies they are allowed to tell.
This is why it is best to call an experienced criminal defense attorney as soon as possible after getting arrested.
Goss Law has been fighting for the rights of Sacramento residents for many years and is ready to sit down for a free consultation right now.
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