Criminal
Jan. 25, 2022
How far is too far in causing suspects to talk before charging?
Law enforcement uses different techniques to cause suspects to make statements before formal charging. A recent appellate decision has drawn a line at how far the police can go to elicit statements from suspects.
Law enforcement uses different techniques to cause suspects to make statements before formal charging. In our criminal defense practice, we have seen investigators make material misstatements, cajole, threaten or promise to not make an immediate arrest to get suspects to talk. In one case, a homicide detective expressly lied to our 18-year-old client about being named a suspect in the multiple-murder case by the co-defendants, even though they said no such thing.
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