Can Police Lie During Interrogations in Michigan?

Being questioned by the police can be intimidating and overwhelming, especially if you are unsure of your rights. It is crucial that you understand that police officers can lie during interrogations, and you should always be wary about what is said to you by law enforcement during questioning. To learn more and secure experienced representation during your case, read on and work with an Upper Peninsula criminal defense lawyer today.

Can Police Lie During Interrogations in MI?

Yes, police officers can lie during interrogations, both under Michigan and federal law. The U.S. Supreme Court case Frazier v. Cupp (1969) set the precedent that officers can use certain deceptive tactics during questioning, given that their behavior does not render a confession involuntary or coerced.

For example, an officer is permitted to:

• Claim to have physical evidence that they don’t actually possess, like DNA, fingerprints, or surveillance footage
• Suggest that another suspect has confessed or given them information, even if they haven’t
• Pretend to know more than they do in order to weed out an admission or inconsistencies

These are all considered valid and legitimate psychological interrogation techniques that can be used to prompt a confession or more information from the individual.

When is Lying Unconstitutional?

If the law enforcement’s deception is so extreme that it actually overpowers the suspect’s ability to make a voluntary choice, the confession could be ruled inadmissible. It is important to understand that confessions must be voluntary and made without undue influence. If an officer’s actions are considered to overbear a person’s will, the confession may be excluded from evidence or suppressed.

For example, officers cannot make false promises of leniency, like swearing that the defendant will not go to jail if they confess or will be given a reduced sentence. They also cannot threaten the individual with violence, a harsher punishment, etc. When determining whether an officer’s actions were too extreme, a court will consider the totality of circumstances, including the suspect’s age, education, mental condition, the duration of the interrogation, and more.

What Are My Rights During an Interrogation?

Arguably, the most important right afforded to you during a police interrogation is the Fifth Amendment, which grants you the right to remain silent. You are not required to answer any questions or say even one word, as you have the right to avoid making any incriminating statements.

You also have the right to an attorney, which you should exercise during questioning. State that you are choosing to remain silent and request the presence of an attorney. After you ask for a lawyer, all questioning should stop until they are present. Having legal representation by your side can help in a myriad of ways. Most importantly, your lawyer will help you decide what to say and what not to say to avoid making mistakes that could affect the outcome of your case.

Reach out to a skilled attorney for more information and legal representation during your case.