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Police Trickery Prompts Concern From State's High Court
New York Law Journal ^ | 1/15/14 | John Caher

Posted on 01/14/2014 8:09:01 PM PST by Behind Liberal Lines

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It does seem a little perverse that a suspect can be prosecuted for lying to the police but the police think they should be able to lie to a suspect
1 posted on 01/14/2014 8:09:01 PM PST by Behind Liberal Lines
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To: Behind Liberal Lines

Cops are allowed, even encouraged, to lie to you to get what they want. If you lie to them, it’s a crime.

Therefor, it’s safe to assume that all cops are liars.


2 posted on 01/14/2014 8:17:44 PM PST by Lurker (Violence is rarely the answer. But when it is it is the only answer.)
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To: Behind Liberal Lines
The Appellate Division, Second Department, unanimously reversed Aveni's conviction, finding that police "not only repeatedly deceived the defendant" but implicitly threatened to charge him with murder unless he confessed

Looks like a pretty clear violation of the spirit of the Fifth and Sixth Amendments:

...nor shall be compelled in any criminal case to be a witness against himself,

In all criminal prosecutions, the accused shall... be informed of the nature and cause of the accusation;

One would think that would not mean "falsely informed."
3 posted on 01/14/2014 8:29:25 PM PST by Carry_Okie (0-Care IS Medicaid; they'll pull a sheet over your head and take your home to pay for it.)
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To: Behind Liberal Lines
IIRC the SCOTUS has ruled at least once that certain types of deception by police in dealing with suspects are legal.If I'm being questioned for a crime I know I didn't commit and,during that questioning,I'm told that my fingerprints were on the knife used to kill the victim my response won't be...”oh,then I must have done it”...it will either be “BS,I've never seen that knife in my life” or “perhaps they are,it's part of my cutlery set”.
4 posted on 01/14/2014 8:32:39 PM PST by Gay State Conservative (Osama Obama Care: A Religion That Will Have You On Your Knees!)
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To: Behind Liberal Lines
As I just posted in another thread - Never talk to the police
5 posted on 01/14/2014 8:35:32 PM PST by Darren McCarty (Abortion - legalized murder for convenience)
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To: Gay State Conservative

But this case is not about what is allowable under the United States Constitution. The states can give citizens more rights than the ones enumerated under the federal Constitution. As such the issue here is whether or not New York State’s Constitution provides greater protection for citizens then does the federal rule


6 posted on 01/14/2014 8:35:47 PM PST by Behind Liberal Lines
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To: Gay State Conservative

I want an attorney should always be the only answer


7 posted on 01/14/2014 8:40:30 PM PST by rstrahan
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To: Behind Liberal Lines; caww; All

Sounds like the wussification of New York State is in full swing.

Coddling criminals! Disgusting!

What are those wussy judges going to do when they have to preside over a Police Sting Operation?


8 posted on 01/14/2014 8:50:18 PM PST by Graewoulf (Democrats' Obamacare Socialist Health Insur. Tax violates U.S. Constitution AND Anti-Trust Law.)
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To: Behind Liberal Lines

The FBI KNEW Richard Jewell was a lowly security guard who idolized them:

After initially sweating him, they pretended to drop their suspicions and then warmly buddied up to him over the course of some hours.

AND THEN:

They claimed they were making a training video, and they needed some character that would play the role of a perp who broke down after some questioning about “a bombing”, and then confessed to the crime.

“Would ya feel up to that, just to, like, help us out with that silly task, Dicky, ole buddy ole pal....?”

And Richard Jewell was within a whisker of doing just that. Then he remembered his college buddy from over a decade ago had become a lawyer, and Richard called him up:

“GET OUT OF THERE, FAT-A$$, IT’S A TRAP...!”

And his old roommate from college was right —the FBI intended to frame Richard Jewell for the Olympic Park Bombing, under pressure from Bill Clinton, who basically ORDERED an arrest.

THAT is your FBI.


9 posted on 01/14/2014 8:56:12 PM PST by gaijin
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To: rstrahan

“I want an attorney should always be the only answer”

I once read where one guy made that request, and the cops sent in an ASSISTANT DA. Well, he DID get an attorney, didn’t he? ;) Forgot how the appeals court ruled, but that trick doesn’t seem to happen any more, so maybe the cops were barred from employing it....


10 posted on 01/14/2014 9:10:19 PM PST by Frank_2001
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To: Behind Liberal Lines

cops lie to me all the time and I am a lawyer

they really are twisted

I know the facts before I talk to them but they still lie, they are tiresome and think they are smart

but they are just not

once one of them offered to lie on the stand

I pled that case out. I was not putting a liar on the stand and I never trusted that dude again


11 posted on 01/14/2014 9:16:15 PM PST by yldstrk (My heroes have always been cowboys)
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To: Frank_2001

If so, I’m guessing that he wasn’t allowed to discuss the case with the police or other DAs.


12 posted on 01/14/2014 9:19:48 PM PST by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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To: Lurker
it’s safe to assume that all cops are liars.

It is certainly the prudent thing to do.

Listen to the lawyers, do not talk to cops.

13 posted on 01/14/2014 9:38:09 PM PST by ChildOfThe60s ((If you can remember the 60s.....you weren't really there)
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To: lepton

“Fabrication Of evidence during an investigation does not, by itself, iolate the Constitution” -Elena Kagan, then Solicitor General of the US (2009)

“We do not see how the existence of a false police report, sitting in a drawer in a police station, by itself deprives a person of a right secured by the Constitution and laws.” (Pottawattamie vs. McGhee)


14 posted on 01/14/2014 9:45:01 PM PST by CondorFlight (I)
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To: Lurker

Really? Where is it a crime to lie to the police? And what is the crime? Certainly not the case in California, but perhaps in other states. Would be curious to learn where this obtains.


15 posted on 01/14/2014 10:14:21 PM PST by absalom01 (You should do your duty in all things. You cannot do more, and you should never wish to do less.)
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To: Behind Liberal Lines; Lurker; Carry_Okie; Darren McCarty; Gay State Conservative; rstrahan; ...
Here's a hypothetical for all of you:

You have a young family member who is suddenly missing. You call the police and an officer comes out. After you give the officer the information he requests assistance from the detectives. A detective arrives and listens to the information. As it turns out the detective recently had contact with a guy who lives in the area who is on parole for child molestation. He locates the guy and of course the guy nervous.

On a hunch the detective tells the guy that he was taped on a remote video taking the child. He tells him that the life of the child is important and he should tell where the child is. The guy hesitates, and then tells the detective the child is in a house a few blocks away. He leads the detective to the house and the child is found. The child is alive and basically ok but still needs medical treatment.

Do you - thank the detective, even though he LIED to the suspect?

Do you - curse the BEJESUS out of the detective because he lied to the suspect?

16 posted on 01/14/2014 10:24:47 PM PST by Respond Code Three (Support Free Republic lest we eventually get a Republic which is not free.)
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To: Frank_2001

I remember reading about that case. The judges were not amused and unanimously threw the case out. I’m sure they didn’t come out and say that the ruse was stupid, but I’m sure that they had to be thinking it.


17 posted on 01/14/2014 10:27:49 PM PST by Respond Code Three (Support Free Republic lest we eventually get a Republic which is not free.)
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To: Respond Code Three
Classic means and ends argument. My answer to you is twofold:

First, it is a false premise to presume the lie was the ONLY means the officer had at his disposal, which is not true.

Second, I'm going to paraphrase Aristotle from the Nichomachean Ethics: 'No one selects an end unless it is a means to something else. There are no ends; there are only means.'

It is our means that distinguish us. While it is ethical to lie to save a life, it is not if there is an alternative.

18 posted on 01/14/2014 10:40:31 PM PST by Carry_Okie (0-Care IS Medicaid; they'll pull a sheet over your head and take your home to pay for it.)
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To: Carry_Okie

Here is a proposed rule:

1. It is permissible for police to lie about the circumstances of the crime in order to solicit a confession.

2. It is not permissible for police to lie, or to make false threats, about collateral matters where doing so might induce a person to confess to the crime for reasons other than his own guilt.

3. In any criminal prosecution in which police are found to have lied about a material matter to a defendant, and the defendant is subsequently acquitted, the police shall be required to reimburse the defendant for the reasonable attorney’s fees and costs incurred defending himself against the charges for which he was indicted.


19 posted on 01/14/2014 11:22:53 PM PST by TheConservator ("I spent my life trying not to be careless. Women and children can be careless, but not men.")
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To: Graewoulf

“Coddling criminals! Disgusting!”

Huh?


20 posted on 01/15/2014 2:20:52 AM PST by RKBA Democrat (Having some small say in who gets to hold the whip doesn't make you any less a slave.)
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