Can a police officer lie to you?

Asked over 1 year ago - Germantown, MD

I met with a detective about a fight. We had a nice cordial, friendly meeting and i told him my story and i signed the papers. He said no matter what this would be a civil small claims lawsuit not a criminal. and that now after i signed the report that this would close the case. He even gave me his personal cell phone number to reach him for copies of the police report if i ever did get into a civil lawsuit with the guy i fought. This was all back in march, the interview. the fight happened on january 1, 2013. It is now may and i found out that the detective put this case up for 2nd degree assault is he allowed to do this without notifying me at all. Can he say to me that theres no criminal intent and that the case is closed but then secretly put this up for 2nd degree assault?

Attorney answers (4)

  1. Ian Thomas Valkenet

    Pro

    Contributor Level 16

    3

    Lawyers agree

    Answered . Police officers may not lie: (1) when testifying at trial; (2) when "swearing out" an affidavit; or (3) when advising you of your Fifth and Sixth Amendment rights ("Miranda" rights).

    Police officers can and do lie when they are investigating a crime or interrogating suspects. These lies are used to extract inculpatory information that can and will be used at a subsequent trial.

    Despite what the police tell you during an interview, they do not have your best interests in mind. They are agents of the executive branch, employed for the sole purpose of preventing, investigating, and prosecuting crimes. You are entitled to have an attorney present during custodial interrogations-- ask for your lawyer before you answer any questions.

  2. William Lawrence Welch III

    Contributor Level 17

    1

    Lawyer agrees

    Answered . While police may not lie about your Miranda rights, they may mislead you about their investigation, in order to get you to talk. An attorney can assist you with evaluating the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to plea bargain or go to trial. If you were to be found guilty, then an attorney can assist you with presenting mitigation, allocution, and a recommendation for a more lenient sentence. and a recommendation for a more lenient sentence. Consider seeking a confidential consultation with an experienced criminal defense attorney. Beware that online posts are not confidential. If somehow the prosecution were to find your post, then it might be used in evidence against you.

    Information in the reply is provided as a public service. It is neither a comprehensive statement of the law nor... more
  3. Richard Stefan Lurye

    Pro

    Contributor Level 12

    Answered . Yes, a police officer can lie to a person of interest in order to obtain a statement from the accused. At trial, the defense is permitted to explore whether the lie makes the accused person's statement, or any part of the statement, not relevant or not a reliable indicator of guilt. Further,, the officer is required to give the accused Miranda warnings as soon as the conversation turns into "custodial interrogation." Your attorney can explore all the circumstances of your conversation and written statement to determine whether you have any basis for excluding them as evidence or arguing to the jury that they are not reliable proof of guilt.

    I note that you asked another question in this forum concerning whether a polygraph test could be used at your trial. Your case is serious and you need to retain an attorney. This forum is not a substitute for an attorney. Further, the questions in this forum are public and can be seen by witnesses, prosecutors and police. Factual details that you provide here may assist the prosecution in its investigation. You need to save the details for your attorney and stop posting them here. I wish you well.

    This is not legal advice it is general information intended to guide you to speak directly with a lawyer who is... more
  4. Gregory Philip Bowes

    Contributor Level 13

    Answered . A police officer is required under the law to tell the truth when he makes a sworn statement, such as a statement in an affidavit, or testimony in court. Morals and honor require him to tell the truth otherwise, but that does not always happen. In my 27 years of practicing law, I have seen many situations similar to yours. My most memorable was where the detective told my client they would let him go home if he just told the whole story. They let him go, but arrested him the next day. The Indiana Supreme Court has repeatedly approved of police detectives lying to obtain a confession. See Pierce v. State, 761 N.E.2d 821, 824 (Ind. 2002), found at http://www.in.gov/judiciary/opinions/archive/01... Kahlenbeck v. State, 719 N.E.2d 1214, 1217-18 (Ind. 1999), found at http://www.in.gov/judiciary/opinions/archive/11....
    I recommend you consult with a local attorney to discuss the specific facts of your case and learn what options you might have. I advise you not to talk to anyone about your situation, unless it is an attorney.

    I have taken no action on your problem other than to review your question. I want to confirm that no attorney-... more

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