Posted on 01/14/2014 8:09:01 PM PST by Behind Liberal Lines
“Really? Where is it a crime to lie to the police? And what is the crime? Certainly not the case in California...”
Uhh, are you certain of your certainty? Because California state penal code, as well as federal law, disagree with you.
In California, depending on the circumstances, lying to a police officer might get you charged under section 148(a)(1) of the penal code for obstructing, or section 32 of the penal code as an accessory if you’re not the principal, or under section 118 if you’ve actually certified your false statements in an affidavit or deposition, and I seem to recall some part of the vehicle code covering false statements relating to traffic infractions but there’s no way in hell I’m wading through that pile of dreck for a simple post.
From statements I’ve heard from California residents, it would appear that violations of 148(a)(1) are very commonly tacked on to arrests. Given the generality of the wording that’s not surprising, as it encompasses a lot of behavior. Consider it akin to being asked if you want fries with that.
As a general rule it’s a safe bet that whatever state you visit or reside in there’s some criminal code that relates to obstruction in general, or false statements in particular, that criminalizes lying to police officers.
Further, making false statements to federal agents of some stripe is enough to get even Martha Stewart thrown in the clink.
The proper response to them is I want a lawyer. Nothing good can come from speaking to them.
Satan is the father of ALL lies.
the lie here didn’t necessarily lead to the child
the bad guy was nervous
the life of the child is important
how does it make a difference that he was seen on video or not
the problem with the lying comes in when the police become so twisted by the lying that they can’t tell the difference between fact and fiction
the police are supposed to investigate, using hard work and intelligence and instinct to solve crimes
what they have come to is tricking people into false confessions that help no one but makes their stats look good
even the prosecutors don’t seem to give a hoot about the facts, just the domination of the “perp”
the system has lost its way with its manipulation and lack of integrity
it’s a crime to file a false police report
If you are under oath it is a crime to lie
some, including me, would argue there is a First Amendment right to lie (when not under oath)
but don’t expect the police to believe one single word you utter even if you have called them for “help”
Amen, true story
I have had the good sense and some good fortune to not have had to deal with the law too much in my life, but I've always felt like the Constitution affords you the right to remain silent and you should exercise that right where possible. I would make an exception to come to the aid of someone falsely accused or to aid in the capture of a threat. But if the subject is me, my mouth is shut.
Bingo
Bingo
There are always gray areas.
My point is from the perspective of the one being questioned. You as the questioned should not talk to the police. Their goal is not to get “the truth”. It is to arrest someone. Everything and anything you say to them, they intend to use against you, because you are always assumed guilty by the police.
Finding the 1% of exceptions to that doesn’t change my opinion.
Like an “exigent circumstance”. You can kick in the door if you hear screaming and noises like someone is being beaten to death.
You can’t kick it in and enter just because you the door is locked and you want to go in.
So cops should be allowed to threaten family members? How about long interogations that don’t allow meals, bathroom breaks, or rest? Just keep grilling them until they fold. This has happened.
There is trick statements to see if someone will give information, and then there is coercion. That belongs in NK or China.
Whatever works.
” 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.”
The attempt should be criminal, attempting to deny a suspect his rights.
The assistant DA should have been disbared. He knew he was agreeing to defend the defendant’s interests and the obligations that requires. But it shows what the system thinks of our rights.
Wow, so if i need you to confess, i’ll just threaten your children. Clearly no one would falsely confess to protect their child.
What a hero of Conservative values and ethics you are.
Here is an idea. I’ll haul you in and question you for 24, 48, hell a week without sleep or food. Whatever works was you value.
Thanks.
If I'm being questioned for a crime I know I didn't commit, I'm not saying a word because my attorney is doing it for me.
Lying to the cops is considered obstructing justice. Lying to the Feds is a felony. Don’t talk to them, don’t tell them what you think. Let your lawyer tell them what you know. If you don’t know anything at all about the issue, then fine, say so.
Definitely true, but understandable given that practically every single person they talk to on a given shift is lying to them about something.
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