When you are questioned by the police in relation to an alleged crime, you may be aware that lying to them could bring you additional problems. Under Florida Statute 837.05, it is a criminal offense if a person “knowingly gives false information to a law enforcement officer concerning the alleged commission of any crime.”
So, if you don’t want to give a truthful answer to a particular question, it is safer to exercise your right to stay silent rather than tell them a lie. It’s often considered better to do this from the outset to stop the police from asking questions.
But what about the other side of the equation? Do police officers have to tell you the truth? Or does the law say it is acceptable for them to tell lies?
The police are not bound by the same rules as you
Lying to suspects is a common tactic that police officers are taught to help them get a confession.
In the 1969 case Frazier v. Cupp, the U.S. Supreme Court deemed it acceptable that the police achieved a confession from a defendant by telling him that his cousin had already admitted to them both committing the crime, when he had not done any such thing. Ever since then, it’s pretty much been a given that the police can lie to people under investigation to try and get a confession out of them, provided the confession is given voluntarily.
While a few states have moved to prohibit police officers from lying to those under investigation, Florida has not. That said, there are still certain lines the police are not allowed to cross. They can’t, for example, say that admitting to the crime will only result in a few days in jail if the likely sentence is much harsher.
Being questioned by police over a crime can feel challenging even when they are being straight with you. Seeking early legal guidance is perhaps the best way to protect your rights, especially if you feel a police officer’s actions are illegal.
