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  • RobertJDFL's Avatar

    RobertJDFL

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Question

If you ask the Trooper if you should have an attorney present at questioning and he says no, can he lie to you under false pretences

Submitted: 378 days ago.
Category: Legal
Value: $18
Status: CLOSED
 
 
 
 
 
 

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2 young adults in auto accident, one fatality(driver ejected from automobile) Report said owner of vehicle was driving, now the other occupant is being asked to come in to give statement

 
 
 
 
 
 

Accepted Answer

Thank you XXX XXXX question.

 

Yes, the police can lie to you during an interrogation (it's a very common and effective police technique), and the courts, when deciding if a statement or confession was voluntarily made or coerced have generally looked at the "totality of the circumstances. Cases where courts have held statements invalid include (among others) situations where a defendant was entrapped, or where a suspect was promised immunity if he cooperated, since this is not normally in the police's power to grant.

 

Also, you should know that asking whether you should have an attorney is not the same as asking for an attorney. And, technically, questioning does not have to stop unless a suspect makes a clear and intelligent request for his or her attorney.

 

 

Good luck to you. If you have any additional questions, please press the reply button, and I will be happy to assist you further.

 

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Expert: RobertJDFL
Pos. Feedback: 98.8 %
Accepts: 1012
Answered: 8/23/2009

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