Police officers use many different tactics to elicit confessions during interrogations, one of which is lying to a suspect about the evidence they have or the seriousness of the situation. As a defendant, you need to know if this tactic is legal and how it might affect your case.
New Jersey police officers can lie about certain things during an interrogation, but not about others. For example, officers can claim they have physical evidence tying you to an offense, even if they do not. Still, they cannot lie to you about your constitutional rights while reading Miranda warnings. If, while lying to you during an interrogation, police officers also use physical force or threats of force, your responses may be inadmissible. If you are being questioned, never assume that the police are being honest with you and invoke your right to counsel right away.
For a free case assessment from our New Jersey criminal defense lawyers, call the Law Offices of John J. Zarych at (609) 616-4956.
Can New Jersey Police Lie to You During an Interrogation?
If the police in New Jersey ever interrogate you about your involvement in an offense, do not assume that they are telling the truth, whether about incriminating evidence or being “on your side.”
In general, police officers in New Jersey may lie during custodial interrogations. Officers can use deception during interrogations to obtain confessions, as long as a suspect’s information or confession is still given voluntarily. If a confession is not voluntary, it should not hold up in court.
Why Would Police Officers Lie to You During an Interrogation?
Often, police officers use deceptive tactics during interrogations to elicit information that can help them close a case.
The main goal of a police officer when lying during an interrogation is to convince the person they are questioning to confess to the offense or provide useful information. If they confess to an offense after police lie to them during a custodial interrogation, their confession can still likely be used against them at trial.
Can Police Lie Before Arresting You?
Police can lie to you before an arrest to try to get you to confess information during a traffic stop or investigation. For example, they may lie to you about the speed they caught you going or the posted speed limit.
Can Police Lie to Courts?
No. Police are under oath when testifying, and lies would be perjury.
Showing a judge they would lie to them would also hurt their trustworthiness in future cases, and reflect poorly on the entire police department.
What Are Common Lies Police Officers Tell During Interrogations?
Police officers might lie about many different things during interrogations, from having evidence that incriminates you to promising you that they can help you if you confess.
Incriminating Evidence
One of the most common lies police officers tell during custodial interrogations is that they have evidence that they in fact do not.
For example, in an attempt to elicit a confession or useful information, the police might claim that they have your DNA or fingerprints, surveillance footage, or eyewitness statements that implicate you, even if they do not actually have this evidence.
Co-Defendant Confession
A police officer might lie and tell you that an alleged accomplice has already confessed to a crime and told the police about your involvement in it. Officers do this to make you feel like you have no choice but to confess, but it is not necessarily true that a co-defendant has confessed, even if officers say they have.
Minimization
Sometimes, police officers will minimize the seriousness of an offense, offer leniency they cannot, or pretend to be friendly with a suspect they are questioning. When officers downplay the offense, a suspect might think they will not face major consequences if convicted or that the police will vouch for them with the prosecutor or judge, leading to their confession.
Exaggeration
Other times, police officers will overly exaggerate charges to intimidate you and claim that by confessing, you may be able to mitigate the consequences you experience. Don’t take law enforcement at their word about sentences or possible penalties.
Are There Limits to How the Police Can Lie to You During an Interrogation in New Jersey?
Although police officers may use deceptive tactics there are limits.
- Confessions must still be voluntary; otherwise, they are inadmissible.
- Police officers can’t lie to you about your constitutional rights while reading Miranda warnings. They must accurately tell you about your right to remain silent or your right to an attorney
- They can’t use physical force or threats of violence to intimidate you into confessing.
What Can Happen if the Police Lie to You During an Interrogation?
If the police lie to you during an interrogation, and you believe them, you could seriously compromise your case and future defense.
When police lie to you during an interrogation, their goal is to elicit a confession. Believing a police officer’s lies can lead to self-incriminating statements that will be in court.
What Happens if the Police Cross the Line When They Lie During Interrogations?
If you think police officers crossed the line when lying to you during an interrogation, tell our Atlantic City, NJ criminal defense lawyers immediately so that we can challenge illegally obtained evidence.
If a police officer lies to you in a an impermissible way, such as misrepresenting your Miranda rights, our attorneys can file a pre-trial motion to suppress a confession or other self-incriminating statements.
How Do You Know When the Police Lie to You During an Interrogation?
Knowing when the police are lying or misrepresenting a situation can be challenging, which is why having an attorney present is essential.
Our lawyers may be more familiar with the evidence that the police have, as well as common police tactics, enabling us to identify lies.
Call Us About Your New Jersey Criminal Charges
For a free case review from the Ocean City, MD criminal defense lawyers at the Law Offices of John J. Zarych, call us today at (609) 616-4956.
