Are the police allowed to lie to me or use tricks or tactics during the investigation

Police Tricks and Tactics to be aware of…

  • The Police may legally lie, bluff, mislead and intimidate you.
  • Most “avoidable arrests” occur from trickery and intimidation and failing to understand your rights and when to assert them.

The Police Encounter will escalate negatively if and when the person:

  • Makes an admission of guilt
  • Consents to a search.
  • Offer information that is unresponsive to the questions asked.
    Refusing to answer questions is not an admission of guilt
  • Asserting your right to remain silent is not an admission of guilt
  • Demanding to have your lawyer present during any questioning is not an admission of guilt
  • Refusing a search is not an admission of guilt.

Officers must have a reasons to detain you, if they do not, you are free to leave.

  • If you are free to leave, and not being detained, what you say can and will be used against you.
  • Miranda Rights are required to be read only if you are in “police custody” and you are being interrogated.
  • Miranda warnings are not required to be read to you when you are arrested. If you are in police custody and you are not Mirandized, and you begin to talk or discuss something, and you have not been Mirandized, the statements can and will be used against you.
  • If you are in custody… the police have no obligation to Mirandize you.
  • Miranda Warnings are not required when the police are merely investigating, and the requirement of Miranda only applies after the police have arrested you, seized your person and specifically have begun to interrogate you, and or illicit information about the investigation or the alleged crime that has resulted in your arrest or custody.
  • One of the Operative facts for 4th Amendment issues is the Seizure, arrest or detention of the person.

The Police are not your friends and their job is to enforce the law, in doing so they have been trained in citizen encounters so be aware of the Common Police tricks and tools used during citizen encounters.

 Be aware of Phrasing:

  • “Have you had anything to drink tonight?”
     Best response: is NO
  • Where are you coming from? It is best to have this answer pre-prepared so as to not raise suspicion.
  • You can answer the Officers questions by stating “Respectfully officer, I don’t have to answer that.”
  • “Not answering is suspicious, why are you not answering my question, clearly you are doing something wrong?” Best Answer: “Officer, respectfully I am aware of my rights, and constitutional protections, and I know I have no legal obligation to answer your questions.
  • “Not answering is resisting me in this investigation”  Best Answer: “I’m not resisting, respectfully, I don’t have to answer anything.”
  • “If you have nothing to hide, you don’t mind if I look around.” Best response: “I’m sorry Officer, but I don’t consent to searches.”
  • “If you refuse a search, I’ll have to call a K-9 unit.”
    Best response: “Officer, are you detaining me, or am I free to go?”
  • Officers cannot detain you past the purpose of the traffic stop and detaining you beyond this purpose is constitutionally illegal. Specifically officers cannot detain you beyond the traffic stop for the purpose of calling for a k-9 unit or drug sniffing dog.

Remember

  • Refusing to answer questions is not an admission of guilt
  • Asserting your right to remain silent is not an admission of guilt
  • Demanding to have your lawyer present during any questioning is not an admission of guilt
  • Refusing a search is not an admission of guilt.

Related Links

If you or someone you know has been accused of a crime or DUI.
Call Komorn Law for one of the most referred attorneys in Michigan for legal defense.
Call Now 248-357-2550

Komorn Law Social Media

Recent Posts

Tag Cloud

Blog Cannabis Science Criminal Defense Attorney Michael Komorn DUI Federal Laws Forfeiture Health Benefits of Marijuana Hemp Komorn Law Blog Komorn Law In The News LARA-MMFLA Info Legalization Marijuana Criminal Defense Attorney Michael Komorn Medical Marijuana Medical Marijuana Attorney Michael Komorn Michigan Laws Michigan Medical Marhuana Regulation Michigan Medical Marijuana Act Michigan Medical Marijuana Association Michigan Medical Marijuana Criminal Defense Michigan Medical Marijuana Criminal Defense Attorney Michael Komorn Michigan News Michigan Rules of Evidence News Planet Green Trees Radio Recent Victories Services Uncategorized USA news Victories Project

DISCLAIMER
This website and/or post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas, private stuff, work related information, non work related information and general internet BS. Therefore…Before you believe anything on the internet regarding anything and everything – do your research on “Official Government and State Sites”, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain. You’re on the internet.

Share This