Can the Police Lie to You to Get a Confession?

In the event you were arrested for a crime, you may be wondering, “can the police lie to you to get a confession?” In short, the answer is yes. The police are permitted to lie and use deception during an interrogation or investigation. However, there are limitations when it comes to how law enforcement can obtain a confession — and it’s essential to understand your rights under the U.S. Constitution and Georgia law.

Can the Police Lie During Custodial Interrogation?

Under the Fifth Amendment of the U.S. Constitution, you have the right to remain silent and not incriminate yourself if you’ve been accused of a crime. But while law enforcement cannot use force to make you admit to an offense you didn’t commit, there is no law that prevents the police from lying to you to get a confession. In fact, Georgia courts have held that a confession is not inadmissible if the police obtained it by using deception or trickery — as long as it was made voluntarily.

What Forms of Deception May the Police Use?

Not only can the police lie to you to get a confession, but they can also use various forms of deception. For instance, the police may make misleading statements or pretend to be empathetic in order to build a rapport and gain your trust. Some of the other tactics the police may use to obtain a confession can include the following:

• Falsely claiming that a co-conspirator confessed to the crime — The police may falsely claim that an accomplice has already admitted guilt in order to elicit a confession from you.
• Downplaying the seriousness of the offense — The police may lie to you to get a confession by downplaying the seriousness of the crime or the punishment you may face.
• Asking leading questions — The police are allowed to ask leading questions that suggest the answer the questioner is seeking.
• Falsely claiming that your fingerprints were found at the scene — It is legal for the police to claim they have evidence against you, such as fingerprints.
• Appealing to your emotions — One of the tactics law enforcement may use to obtain a confession is appealing to your emotions and vulnerabilities.
• Claiming to have witness testimony — The police may claim they have witnesses who are prepared to testify against you.
• Falsely claiming that your DNA is linked to the crime — It is permissible for the police to bluff and say they have collected your DNA from the crime scene.
• Using psychological manipulation — The police may use various techniques to manipulate you into giving a confession, as long as they are not coercive.
• Creating a false sense of urgency — It’s not uncommon for the police to create a false sense of urgency or fear to obtain a confession.

Importantly, while the police can lie to you to get a confession, and implement other strategies involving deception, they may not use physical force, offer a benefit, make threats, deprive you of sleep or food, or coerce you to obtain a confession. If a confession was made involuntarily or obtained through coercion, it may not be admissible in court. Under the Due Process Clause of the Fourteenth Amendment, a trial judge must determine whether a confession was made voluntarily before the jury is permitted to consider it.

Are Confessions Made in Violation of Your Constitutional Rights Admissible?

There are Constitutional limitations as to what police can do to elicit a confession. In addition to being made involuntarily, a confession may be inadmissible if law enforcement violated your Constitutional rights to obtain it. Specifically, a confession may be excluded in the following situations:

• Miranda rights violations — If the police did not read your Miranda warning before the custodial interrogation commenced, any confession made in violation of your rights may not be admissible.
• Sixth Amendment violations — A confession obtained after the right to counsel has attached may be inadmissible if there was no valid waiver of that right or the defendant’s lawyer was not present at the time the confession was made.
• Fourth Amendment violations — Any evidence obtained in violation of the Fourth Amendment protecting individuals from illegal search and seizure, including a confession, may be suppressed.

There are strong Constitutional protections in place when it comes to interrogations by law enforcement and the conduct of police in obtaining a confession. However, Georgia courts have explicitly held that these same rights do not apply when an interrogation is conducted by a private citizen, such as a private security guard.

Contact an Experienced Georgia Criminal Defense Attorney

If the police lied to you to get a confession, a knowledgeable criminal defense attorney can evaluate your case and develop a solid defense strategy. The criminal defense attorneys at The McCoy Law Firm, LLC have decades of experience representing defendants for a wide range of criminal matters throughout northwest Georgia. If you’ve been accused of a criminal offense, please contact us today to schedule a consultation to learn how we can help.