Legal Question in Criminal Law in California
Is a police officer allowed to tell someone they will let them go if the confess and the person confesses and he doesnt and he threatns to take them to jail if they dont cooperate? If not then can the case be dimissed because of his actions?
3 Answers from Attorneys
Over the past 20 years, I've seen 100's of cases like this. The question is going to be, will the law enforcement officer be honest about the threat and can the defendant show they were, in fact, persuaded to confess to something they didn't really do. I would advise anyone in that situation to get a lawyer. I wish you and your friend well..............David
At best you get the statement suppressed. If there is other evidence the case does not get dismissed. This is why one should never talk to a police officer or consent to a search. Police lie and their lying has been approved by the courts. If they ask you questions tell them you must speak to a lawyer first and hold to it. Regardless of what the police officers say (and they will often deny it) it is better to go to jail than to admit to a crime or be interrogated.
It is normal police procedure to lie to persuade people to confess. It makes their job easier to solve crimes. A little free advice if not already too late: exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except with and through an attorney.
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