Legal Question in Criminal Law in Texas
is an indirect statement that was made by the defendant who gave a "confession" confirming the arresting officer that made a promise to and/or used "trickery" to bring the defendant into submission of confessing to a charge other than what he was led to believe he was being questioned about, enough to prove coercionon the officers misconduct ?
1 Answer from Attorneys
While officers cannot force a defendant to confess, they do not have a duty to be honest to a defendant. Officers routinely tell defendants they are investigating some sort of random offense simply to get a statement they can use against the defendant in a real investigation. If the defendant is in custody, they must be read their rights prior to giving any statement if it is to be admissible in court. If he was not in custody, officers dont even have to read a defendant his rights.
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