Police can legally lie to a person during an investigation, including by claiming to have witnesses, video, DNA, or fingerprints. Courts have approved this tactic for decades, and Greg McCollum explains why it matters. He also explains why asking for a lawyer is important if you are being questioned.
Frequently Asked Questions
Can the police lie to me?
The short answer is yes, they can, and not only that, but they’re trained to lie to you. The U.S. Supreme Court and all the state courts have ruled over and over and over that it’s a legitimate police tactic for the police to lie to you.
The reason for that is the most important piece of evidence the police can get from any suspect is a confession or a statement against interest. So, the police can say that they have a witness, they can say they have video evidence, they can say they have DNA, they can say they have fingerprints, they can say anything they want to say to get somebody to give a statement.
Sometimes people who were in a state of intoxication or other conditions actually believe that they did something wrong because they trust the police. Of course, that’s an extreme example, but it’s very important to understand.
The other thing that you need to know is that if you are being questioned by the police and you say you would like a lawyer, even though a lawyer will not magically appear, those are very important words to utter. When you say you want a lawyer, you have invoked your rights under the Fourth, Fifth, and Sixth Amendments.
The police cannot question you any longer until you have access to a lawyer. That may be a day later, but it’s very important that you know that.
If the police tell me something, is it always the truth?
If the police are doing an investigation and you’re the target of the investigation, the police have the legal right to lie and make false statements in order to further their investigation. This confuses people, because people think that the police cannot lie.
The U.S. Supreme Court and South Carolina Supreme Court have repeatedly ruled that the police can lie and use deception if it furthers an investigation.
I heard the police can lie. Is that legal?
If you’re being investigated and the police think that it may be helpful to say that they’ve got witnesses or that they’ve got physical evidence that you committed a crime, primarily to get you to admit to something, then that’s perfectly legal. The courts have approved it for decades.
Greg McCollum is a South Carolina criminal defense attorney with 30 years of experience and a background as a former prosecutor. When police questioning puts you at risk of making a statement that could be used against you, that experience may matter.
If you have questions about police lying during an investigation, call the Greg McCollum Complete Legal Defense Team at (843) 626-5480. Consultations are confidential.