Legal Question in Criminal Law in Indiana

Re: Deceiving a person to get them to supply information on drug pushers

Everyone should realize that if the police have informed you that you are a suspect or under arrest, that you are not under any obligation to speak to them and certainly not without an attorney present. You must be advised of this by the police and then ask for an attorney or simply state you do not wish to speake to them. These are some of your rights as provided under the 5th and 6th Amendments of the U.S. Constitution ( not to mention the State's). If you waive these rights after being so informed, then that information may be used against you. Even where it can't be used against you, it may be useful in their investigaton.

If the police had seen a person engage in an act or had probable cause to arrest, they wouln't threaten it, they would arrest. That would then be used as leverage against the person by the prosecutor. Police do not ask questions, threaten and deceive unless they need help to build a case. Absent a court order, no obligation exists to cooperate.

However, the Supreme Court has ruled in cases where police deceit has been used, that it is allowed to a degree to make their case which otherwise would be very difficult or impossible.

Under the circumstances, they may have engaged in proper procedure although unsavory. Yet, if they bring charges against the person and failed to advise as metioned above, then that evidence may be challenged.

If you need to explore this further, you may contact me through www.tambascolaw.com or at 317 686-0000.