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Can the police lie to you?

On Behalf of | Jun 26, 2023 | Criminal Defense

Interacting with law enforcement can be a nerve-wracking experience, especially if you find yourself under arrest. You might wonder if everything they say is truthful, or if they can lie to you during the process. Understanding the boundaries of police conduct in Arkansas can help you navigate these challenging situations.

To understand the situation better, you need to consider the Supreme Court case of Frazier v. Cupp from 1969. This landmark ruling permitted police officers to lie in certain situations during interrogations to obtain a confession. While this decision applies to all states, including Arkansas, there are still limits to what police can do.

Police deception during interrogation

Under Frazier v. Cupp, polices can use deception as a tool during interrogations. They can imply they have evidence against you that may not exist, or even suggest a nonexistent eyewitness identified you at the crime scene. While this practice can feel misleading, it is within their legal rights.

When police cannot lie

While police can use certain lies during interrogations, there are instances where they are not allowed to lie. For example, they cannot lie about your rights. They must inform you of your right to remain silent and that the prosecution can use anything you say against you in court.

They cannot use coercive methods to obtain a confession. Extreme deception that might cause an innocent person to confess is also not permitted.

Moreover, police cannot falsely claim to have a search warrant if they do not. If an officer says they have a warrant to search your home or vehicle, they should be able to produce it upon request.

Understanding these distinctions can empower you during police interactions and help you protect your rights.