Utah Criminal Defense Attorney Blog
Are police allowed to lie in a criminal investigation?
As a general rule, police
are allowed to lie during a criminal investigation - but you are not.
If a police officer lies to a person during
questioning, interrogation, etc., those false statements are often
considered by the
courts to be part of a legitimate investigations technique. If an
ordinary
person lies to a police officer, that person may face criminal
prosecution can result in jail time and other serious
consequences.
If
police want to question you as part of a criminal investigation,
it is important to consult with an experienced criminal lawyer first.
Whether
you are a "suspect" or a "witness," you have important rights that
should be protected. Contact us today to see how Utah criminal defense
attorney Stephen Howard can help you.
Why would police lie to me?
Court opinions that have approved deceptive practices by police appear
to be based at least in part on the assumption that police are
motivated by the noble pursuit of truth and the correct identification
of individuals guilty of committing crimes. While an officer's motives
may be good, the results of an interrogation based on false information
may not always be reliable.
As ordinary citizens responding to a police officer's questions, many
people are likely to assume that the officer is telling the truth. We
generally trust police officers to "protect and serve" the people. When
we give police officers this position of trust, we assume that they
will act with integrity. And for most of us, acting with integrity
includes telling the truth. A police officer who lies during an
investigation presents a conflict between our expectations and reality.
This conflict between expectations and reality creates an uneven
playing field - where the person being questioned may assume that the
police officer is telling the truth. Many people feel a sense of
obligation to answer questions when confronted by a police officer. But
this conflict between expectations and reality can be confusing, and
may result in even an innocent person making incriminating
statements.
While the Fifth Amendment provides a privilege against
self-incrimination (the right to remain silent), it is common that a
suspect or a witness will waive that right and agree to answer police
questions. Perhaps the most important thing that a person can do when
asked to submit to questioning by police is to ask first to speak with
an experienced criminal defense attorney.
What can happen if I lie to police?
The
consequences of lying to police can
include serious criminal charges that can be filed independently of
anything that the police may have been already investigating. In some
cases, a person who is actually innocent of the original underlying
charge may be prosecuted and convicted on new criminal
charges based on false statements made to police or investigators.
Potential criminal charges that can be filed based on lying to police
can include making a false police report, giving a false name, and
obstruction of justice. In some cases, the level of the charge will be
determined by the level of the crime that was originally being
investigated by police. The consequences can be serious, including
substantial prison or jail time and a potential felony conviction.
Am I required to answer any questions from a police officer?
Under
Utah Code section 76-8-301.5, a police officer can demand that a person
otherwise lawfully stopped by the officer disclose the person's name.
Under this section of the Utah Code, police cannot require the person
do disclose or produce any other information, such as showing a driver
license or other identification. (However, please note that other
statutes can require a driver to present a valid driver license to a
police officer involved in a traffic stop.) The statute further does
not require a person to answer any questions relating to other
potential criminal activity.
Beyond giving a police officer your true name, you are not required to
answer other questions. The Fifth
Amendment to the United States Constitution and Article I Section 12 of
the Utah State Constitution both guarantee the privilege against
self-incrimination and the right not to be compelled to give evidence
against oneself. If you are confronted by a police officer who wants to
question you in connection with a criminal investigation, you should
first request the opportunity to speak with a criminal defense attorney.
Finding a Criminal Defense Attorney in Utah

Whether
you believe you are innocent or guilty, whether you are a suspect or
merely a witness, you have important constitutional rights that you
should understand before talking to a police officer. Contact us today
to see how the right criminal defense attorney can help you.