Can the Police Lie to You to Get a Confession in Columbus, Georgia?

Yes, police can lie to criminal suspects to elicit a confession in Columbus, Georgia. This fact often surprises people who wrongly believe the police must only tell the truth. Instead, courts have regularly found that police can lie or use other deceptions to get a suspect to confess to a crime. As our Columbus, Georgia criminal defense lawyer explains below, however, there are limits to what the police can do.

Confessions Must Be Voluntary

For a confession to be admissible in court, it must be voluntary. This means it must be free of any threats, violence, or coercion. This means the police cannot:

• Beat a confession out of you or rough you up.
• Threaten to harm you to get a confession.
• Deprive you of food or water to put pressure on you to confess.
• Use sleep deprivation or other types of torture to get a confession.

This type of physical coercion would make any confession unconstitutional, and our office would move to exclude it from evidence.

Can Police Lie to Get a Confession? Yes!

A confession must be voluntary. But, surprisingly, the voluntariness standard does not prevent the police from lying to you. In 1969, the Supreme Court said that a confession may be admissible even where the police use deceit or trickery.

Can the police lie during interrogation? The answer is a definite yes.

Here are some regular tricks the police use to wring a confession out of you:

• False confessions. An officer might tell you that a friend or accomplice has confessed to the crime and pointed the finger at you. They want you to feel that your case is hopeless so you go along with them.
• Phony evidence. An officer can lie and say your DNA or fingerprints were at the scene or on a murder weapon, even when that isn’t the case.
• False promises. Officers can lie and say the District Attorney will take it easy on you if you confess.
• False friend. An officer can claim he really likes you and only wants what’s best for you.

These are all legitimate tactics the police can use. Note that none of them use physical violence or coercion, so judges usually look the other way.

When Can Police Lie to You?

They can lie while investigating a crime or even during an interrogation after arrest. They can lie at almost any point in the case—but not once you are in court, since the state cannot lie to a judge. In open court, any lie is directed as much to the judge as to the defendant, so the police should only tell the truth in court.

What if the Confession Was Coerced?

A Columbus defendant can move to suppress any coerced confession. Your attorney can file a motion to suppress and ask a judge to keep out any statements that were the result of coercion or violence. The case against you could flounder if the judge agrees.

Further, police need to give Miranda warnings before a custodial interrogation. These warnings remind you of:

1. A defendant’s right to remain silent.
2. The state’s ability to use any statement against you.
3. A defendant’s right to have an attorney present.
4. The state’s responsibility to provide you with a lawyer.

If the police forget these warnings, your attorney can move to keep incriminating statements out of the trial.

Speak with a Columbus, Georgia Criminal Defense Attorney

Were you intimidated, threatened, or coerced into giving a confession? Unfortunately, many defendants are convicted by statements they give to the police. It is critical to immediately tell your defense lawyer about anything you said before or after arrest. Contact Moffitt Law, LLC, to hire an experienced criminal defense attorney who only wants what’s best for you. Lauren