During a police interrogation, it is crucial that you understand that law enforcement has the right to lie to you in order to gain more information or get you to confess. Understanding your legal rights and options is crucial during this time. To secure skilled legal advice during your case, reach out to a knowledgeable Mercer County criminal defense lawyer today.
Are Police Allowed to Lie During an Interrogation in NJ?
Yes, police are permitted to lie to suspects during interrogations in New Jersey and all states.
Both state and federal laws permit law enforcement to make false statements in an effort to secure a confession.
In the case of Frazier v. Cupp 1969, the U.S. Supreme Court held that police deception does not automatically render a confession involuntary. In this case, police falsely told the suspect that his cousin had already confessed, which prompted the suspect’s own confession. The court allowed it, ruling that the lie was one of many factors in assessing whether the confession was given voluntarily.
New Jersey also upholds the federal rule that deception on its own is not illegal, but all confessions must be voluntary. This means that NJ police officers are allowed to mislead suspects about evidence. They can claim that another individual has shared information with them or even claim that they have DNA or fingerprint evidence that connects the suspect with the crime.
What Are My Rights if I’m Being Questioned by the Police?
If you are being interrogated in New Jersey, understanding the rights afforded to you is critical. Before any questioning begins, the police must read you your Miranda Rights. The Miranda warning states that “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.” The police will ask if you understand your rights as they have been read to you, and if you would still like to speak with the officer.
When you are arrested, you do not have to say one word to the officer. That is where your right to remain silent comes into play. Anything you say could be used as evidence against you in court, so being mindful of your words is crucial.
You also have the right to an attorney. If you request a lawyer, questioning should stop until you have the chance to meet with counsel. Because the police have the authority to lie to you, it is highly recommended that you do not speak to them, particularly without a lawyer present. You may believe that they have evidence or information that they do not possess, which could lead you to make a confession that you later regret. Your lawyer will help guide you through the process and advise you on what to say and, more importantly, what not to say.
