Lies That the Police Can Legally Tell You (and How to Respond to Them)
According to the rules of pop culture, a police officer must answer honestly when asked the hard-hitting question “Are you a police officer?” Unfortunately, this is not true. The police are legally allowed to lie. In fact, they are allowed to lie a lot.
If you are being interrogated by the police, they can and will say almost anything in an attempt to get you to confess to a crime or provide any incriminating information. In theory, there are limits to the lies the police can tell, but what does that mean for you as a citizen? If you are being interrogated and you are not sure if the cops are lying to you, what is your best strategy at the moment?
I spoke with Jack Litvak , a criminal defense lawyer in Phoenix, about how the police can legally lie to you and, more importantly, what you should do in such cases.
How (and why) the police lie
So, you are under arrest and in police custody. First things first: you have the right to remain silent. You know it. Although it may not happen exactly like it does on TV, a police officer or other official is required by law to read your Miranda warning about your Fifth Amendment rights before questioning you. Here is a brief overview of these rights:
- You have the right to remain silent
- Anything you say can and will be used against you in court.
- You have the right to a lawyer
- If you cannot afford a lawyer, one will be assigned to you.
Simply put, the Fifth Amendment protects you from random self-incriminating statements. From here, the cops can go to great lengths to try and extract information from you.
For example, Litvak explains that in order to get you to talk, police officers are trained in interrogation techniques such as the Reid method, which is widely criticized for leading to false confessions.
The police may try to trick you into admitting that you “could” be at a certain place at a certain time. If you’re not sure, don’t give them an inch. “You don’t remember what you had for breakfast last week,” says Litvak, “so if the cops say you were filmed and you don’t remember if it could be true, don’t agree or argue. Be quiet.”
Your confession may still be voluntary, regardless of the lies you relied on to make your confession to the police. Litak’s Legal Group writes on the subject : “Courts will tolerate some form of police play as long as the play does not overcome the will of the suspect and induce a confession that is not truly voluntary.” In other words, the police are completely allowed to play “games” (read: lie) to get you to talk.
Types of Lies Officers Tell
Litvak says that, with certain restrictions on the Fifth and Fourteenth Amendments, the types of lies that the police can use are quite extensive. Here are some of the most common lies used by officers during interrogations.
physical evidence
The police will claim they have physical evidence such as fingerprints or DNA. They are trying to get a confession or establish anything you know about the incident in question. Remember: anything you say can and will be used against you, even if you are trying to refute their claims.
Witnesses
Officers may also claim to have eyewitnesses or some other evidence that does not actually exist. Litvak gives the example of two suspects being interrogated separately. Police officers may lie about one person challenging another in the hope that that person will retaliate against the other with incriminating evidence. Don’t say anything until you get a lawyer.
Search warrant “coming soon”
The officers will claim that the search warrant is “on the way” in the hope that you will comply and allow them to search your house or car. Regardless of whether or not this warrant is real, and whether or not it is forthcoming, you should refuse to enter until you see concrete evidence of a valid and active search warrant.
Limits on the lies the police can tell
While the police can be creative in trying to get a confession, there are theoretical limitations. Understand that law enforcement officers have nothing to do with sentencing during your interrogation, so be wary of any promises to indemnify you or protect you in any way if you confess.
Litvak also notes that, on the other hand, officers are not allowed to do anything “overly coercive”. He says one example of an “over-coercive” method would be lying about a suspect being sentenced to death if they don’t confess right away. These kinds of threats go beyond the deceptive interrogation techniques — or “gaming skills” — that the police are allowed to use.
Your best bet: keep your mouth shut
If you are in police custody, ask for a lawyer and refuse to answer questions until legal help arrives. “You have the right to shut up,” says Litvak. “Use it.”
Even if you know you are innocent, you never know how your words can be used against you. Staying silent is more than a right – it’s also your best strategy.