Frequently Asked Questions - interrogation
No. If you're arrested you have the right to remain silent and to see an attorney.
If you're arrested, don't rely on police to inform you of your right to remain silent and see a lawyer. Use the magic words "I'm going to remain silent. I would like to see a lawyer." If police persist in questioning you, repeat the magic words. The magic words are like a legal condom. They're your best protection if you're under arrest.
Remember that anything you say can and will be used against you in court. So don't try to talk yourself out of the situation, and don't make small talk with police either.
If you are innocent, it is especially important not to talk to the police until you have a lawyer. Our prisons are full of people who claim they are innocent, and many of those people are actually telling the truth.
To learn more, watch the famous "Never Talk to the Police" lecture by Regent University Law School Professor James Duane. It's followed up by an equally compelling lecture by Officer George Bruch who talks about how he successfully interrogates suspects.
The reason you should avoid lying to police is the same reason you should avoid talking to police. (See "If I'm innocent, should I talk to police?")
Whether or not you have information that could incriminate you or others, you should resist the urge to try to talk yourself out of a situation and try to remain silent instead. Police may not hold your silence against you as evidence of guilt.
Police are generally good at detecting lies, and getting caught in a lie may give an officer more justification to detain you. Regardless, if police are questioning you, you are probably considered a suspect and -- depending upon the situation -- you should be prepared to assert your rights by a) refusing search requests ("Officer, I don't consent to any searches."), b) determining if you are free to go ("Officer, am I free to go?"), and c) remaining silent until you see a lawyer ("I'm going to remain silent. I want to see a lawyer.").
Clip from the DVD, BUSTED: The Citizen's Guide to Surviving Police Encounters
Yes. It's a legally accepted -- and highly effective -- interrogation technique to lie to you and present false evidence in order to elicit a confession. This is particularly common during interrogations in which officers might tell you that "your friend already gave you up, so you might as well come clean."
The best defense against these manipulative tricks is to avoid saying anything to police without first speaking with an attorney. Use the magic words "I'm going to remain silent. I would like to see a lawyer." Repeat, if necessary.
On a related topic, it's commonly believed that undercover police have to reveal their identity when asked. This is false. Police may lie.
Clip from the DVD, BUSTED: The Citizen's Guide to Surviving Police Encounters
The criminal justice system is composed of human beings, who are imperfect. As a result, innocent people are frequently victims of an imperfect criminal justice system that is designed to inflict harsh punishment. All too often, perfectly innocent people attempting desperately to convey their innocence create additional opportunities for their words to be used against them.
If you are innocent, it is especially important not to talk to the police until you have a lawyer. Our prisons are full of people who claim they are innocent, and many of those people are actually telling the truth.
To learn more, watch the famous "Never Talk to the Police" lecture by Regent University Law School Professor James Duane. It's followed up by an equally compelling lecture by Officer George Bruch who talks about how he successfully interrogates suspects.
