While it may strike you as counterintuitive, unfair, or just plain wrong, the police can lie to you during interrogations and investigations—in Texas and throughout the country. Too many people facing criminal charges fail to recognize this fact, often paying a steep price as a result.
If you have been charged with a crime, now is the time to consult with an experienced Killeen criminal defense attorney.
A Legal Investigative Technique
In the United States, police officers have significant discretion when it comes to interrogation techniques—including the use of deception. The U.S. Supreme Court has determined across multiple cases that lying to a suspect does not necessarily violate that individual’s constitutional rights. Understanding the legal boundaries is key to protecting yourself in any criminal investigation.
Miranda v. Arizona (1966)
The landmark case Miranda v. Arizona established the rights we now know as Miranda rights. The police are required to inform detained or arrested individuals of their right to remain silent and to have an attorney present.
While Miranda rights do not govern how police question suspects—including their ability to lie—they do make it clear that suspects are under no obligation to speak.
In other words, regardless of whether the police are being honest, dishonest, or a mix of both, your best option is to remain silent, ask for a lawyer, and wait to speak until your attorney is present. If you are being interrogated, this is your most powerful legal protection.
Frazier v. Cupp (1969)
In Frazier v. Cupp, the Supreme Court held that a confession obtained through deception is not automatically inadmissible. As long as the confession was voluntary and not coerced through physical or psychological abuse, deception alone is not a violation.
Illinois v. Perkins (1990)
In the case Illinois v. Perkins, the Supreme Court ruled that an undercover officer posing as an inmate to elicit incriminating statements did not need to inform the suspect of their Miranda rights. The Court concluded that deception, in this context, was not unconstitutional.
These cases show that the police can lie as long as they do not cross certain lines:
The deception cannot be coercive in nature.
The deception cannot include promises of leniency.
The deception must not violate constitutional rights.
The deception cannot involve fabricated evidence that compromises the suspect’s ability to exercise free will.
When deception manipulates suspects into confessing without legal safeguards, it can cross the line into a rights violation. If you believe your rights were violated during a criminal investigation, contact a Killeen criminal defense lawyer right away.
Common Examples of Police Deception
Police often use psychological tactics during interrogations that are legally permitted, including:
Claiming they have your fingerprints at the scene when they do not
Saying others have implicated you
Stating that family members or coworkers believe you are guilty
Lying about your polygraph results
However, the police cannot fabricate physical evidence. For example, they can claim they have a video of you committing the crime, but they cannot create a fake video. They also cannot tell you that incriminating statements you make will not be used against you, nor can they suggest you do not have the right to remain silent or to have legal counsel. If any of these things occur, speak with a criminal defense attorney immediately.
Before Arrest or Detainment
If police are questioning you but have not arrested or detained you, they are not legally required to inform you of your Miranda rights. However, you should still assume you are a suspect. Anything you say may be used against you.
If you believe that speaking with the police could put you at risk, consult a criminal defense lawyer in Killeen before answering questions. Even if you know you are innocent, the police may still try to get you to incriminate yourself.
Were Your Rights Violated During an Interrogation?
You have constitutional protection from being forced to incriminate yourself. If your confession was involuntary or coerced, it may be inadmissible in court. Confessions can be ruled involuntary when any of the following are true:
You asked for an attorney but were denied.
You were denied food, water, or bathroom access.
The police threatened you inappropriately.
The police physically harmed you.
The police intimidated you with a weapon.
The police promised leniency or said your statements wouldn’t be used against you.
Texas courts also consider your age, intelligence, mental health, and sobriety when assessing coercion. Where the interrogation took place and how long it lasted may also factor into the analysis. A seasoned criminal defense attorney in Killeen can help assess whether your rights were violated.
Signs That the Police May Be Lying to You
If something seems off during an interrogation, it probably is. Here are common red flags:
Inconsistent Statements
When officers contradict themselves, they may be trying to test your reaction to different claims.
Long Interrogations
There are no strict rules on how long an interrogation can last. Prolonged questioning can be a tactic to exhaust you into talking.
False Promises
Only a prosecutor or judge can offer a deal—not the police. If officers promise leniency in exchange for a confession, they are likely lying.
Minimizing the Crime
Statements like "We all make mistakes" or "This isn’t a big deal" are often tactics to get you to talk. Do not fall for them.
No matter what the police say, your best course of action is to remain silent and ask for a lawyer. A Killeen criminal defense lawyer can protect your rights and help you navigate the process.
Lying to the Police, on the Other Hand, Is a Crime
While police can legally lie to you, you cannot lie to them. Providing false information to the police can lead to a charge of making a false report to a peace officer—a Class B misdemeanor in Texas, punishable by up to 180 days in jail and a fine of up to $2,000.
If you are being questioned, stick to basic identifying information and invoke your right to remain silent. Do not guess, speculate, or attempt to "explain things." Let your attorney do the talking.
Speak with a Killeen Criminal Defense Lawyer Today
If you believe the police have used deception to violate your rights or if you are facing charges based on a coerced or manipulated confession, legal help is crucial.
Brett Pritchard at the Law Office of Brett H. Pritchard is an experienced Killeen criminal defense attorney who has spent more than 20 years defending the rights of clients just like you. Call us at (254) 781-4222 or contact us online to schedule your FREE consultation today.