Showing posts with label criminal. Show all posts
Showing posts with label criminal. Show all posts

Can Police Officers Lie to You?

Here is an old question that just will not go away. And it is amazing how many people will ask this question and then argue with you about the correct answer. The answer is absolutely the police can lie to you. 

They can lie to you about the evidence they have, about people statements and when undercover they can lie to you about even being a police officer.

No this will not result in a case being dismissed because they lied. It is perfectly legal and the courts have consistently ruled it is a non issue for police to lie.  I have even done it to gain evidence.

The only problem with lying as a police officer is if the suspect knows your bluffing you have pretty much shown your hand that you do not have a case against them.

Turn Signals Are Not Required in by California Law

Unknown to most motorists, a lot of police officers, a few attorneys and even the California vehicle code, you are not required to use your turn signal every time you make a turn in California.

The Department of Motor Vehicles tells you that you must signal 100 feet before you make a turn on any roadway in California. This is the way it is taught to all drivers.  It is not what the courts required of drivers.

California courts have ruled consistently that motorists only have to use their turn signals if there turning movement affects the flow of traffic. So if you're are driving and no other motorists are on the road, legally you do not have to use your turn signal in California. However this is something most cops are not aware of and frequently issue citations for violating a law the court says is being misread.

Are Police Required to Read Miranda Rights?

Do police officers have to read Miranda Rights to you if you are arrested?  I used to hear this question all the time from people who thought they were going to use this as a technicality to get out of whatever criminal charges they were facing.  The police are not required to give you Miranda Warnings as a condition of arrest.

Police only have to give Miranda if they intend to ask you questions about the crime.  For example, if a police officer responds to a domestic violence call and sees a man striking a woman repeatedly, and he knows the woman is the mans wife, he may make an arrest by only interviewing the woman.  While this is not the best approach to police work, it often times happens that the suspect, regardless of what he may or may not say will have little impact on the outcome of the case.  As long as the officer does not ask the suspect any questions, he technically does not have to read Miranda.

In addition to not asking any questions, the officer can not make any statements trying to incite the suspect into making statements about the crime either.  For example, in the above scenario, if the officer said "that was real tough, beating up a woman for no reason" it is likely the suspect would respond by offering some defense for his actions.  Any statements made in response to the officers comment, would likely be suppressed by the court as they were not voluntary and free statements.

Miranda can become complex, but it really requires two things, custody and interrogation.  If you have one and not the other Miranda Warnings are not required.