Can a police officer refuse
to let me see evidence he claims proves I committed a crime?
When a police officer is interviewing (interrogating) a criminal
suspect, the officer may claim to have evidence that proves that the
suspect is guilty. Under Utah criminal law, if the suspect
requests to see the evidence during an lawe interview, the
officer is not required to show the evidence to the suspect.
There are a variety of reasons that a police officer might refuse to
show a suspect the evidence against him/her. It may be that
the evidence is not readily available. Or it may be that the
evidence does not exist and the officer is only bluffing.
Under Utah law, police officers are allowed during an interview of a
suspect to present information to a suspect that is not factually true.
Some consider this to be a legitimate interrogation tactic.
Others consider it to be a lie. But Utah courts
have sanctioned the practice.
If you are charged with a crime in Utah, you will have the opportunity
to see the evidence against you. Even if police refuse to
show you the evidence during their investigation, a formal request for
discovery under Rule 16 of the Utah Rules of Criminal Procedure will
require the prosecution to produce copies of all evidence obtained by
police during the course of their investigation.
If you find yourself in the position of a suspect in a police
interrogation, and police refuse to show you the evidence they claim to
have, you should consider the possibility that they are bluffing.
You should also consider your rights to remain silent under
the
Fifth
Amendment to the United States Constitution.
If you have been accused of a crime, or if you believe that police may
consider you to be a suspect in a criminal case, you have the right to
speak to an attorney before answering any questions.
Exercising that right can help give you a better chance of a
good outcome in your case.
Contact Salt
Lake City defense attorney Stephen Howard to discuss your
Utah criminal defense
case today.

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