Police interrogations have long been the stuff of television drama. Most every crime-related program finds its emotional climax in the interview of the prime suspect. On screen, officers are often boisterous, intimidating, and committed to making the suspect admit to facts which are already known to the officer. Maybe police found the suspect’s fingerprints at the scene of the crime and now can use that knowledge to pry the suspect for the final piece of critical information needed to solve the case. Such programs would lead us to believe that questioning only occurs when there is already credible information linking the suspect to the crime.



           In everyday life, police interrogations are typically much more subtle, more often occurring on the street or in the suspect’s own backyard than isolated in a dark room. Officers will often do their best to conceal the fact that they are seeking information from you, perhaps framing the conversation as just one between friendly acquaintances. Once your guard is down, you are more likely to provide information which may be detrimental to your case moving forward. In any interaction with law enforcement, it is important to be aware of your rights as well as common techniques utilized by officers.

           First, it is important to understand that you are NEVER required to answer an officer’s questions outside of identifying yourself. If they ask you how your day is going, you are not obligated to respond. Polite, respectful, short responses are often more effective than outright silence, however, your right to remain silent may be exercised in any police interaction. Pay attention to what questions are being asked. It is probably acceptable to answer how you are doing today and other pleasantries. Questions such as “where have you been today?” are more likely to provide information which could link you to a crime, even if you did not participate in said crime.

           Second, you should recognize that police officers are NOT required to tell you the truth when questioning you. In the 1969 case entitled Frazier v. Cupp, the United States Supreme Court held that deceptive interrogation tactics do NOT violate a defendant’s constitutional rights. Take the previous example of fingerprints found at the scene. The police can tell you that they have found fingerprints linking you to the crime, even if they do not in fact have any such evidence. Police know that, if you feel vulnerable to criminal liability, you may be more likely to tell them what they want to hear. Police can also make you promises, such as “if you tell us what happened, we will make sure you don’t get in trouble.” Police can then utilize the information you provide to them and are under no obligation to keep you out of any sort of trouble.

           Americans are conditioned to be trusting and respectful of police officers. Police officers are servants of the community, but they are also gatherers of information which may lead to arrests and convictions. Suspects will often speak with police consensually because they “have nothing to hide” or “didn’t do anything wrong.” Unfortunately, these facts do not preclude police from incriminating you in some circumstances. If a robbery occurred at a gas station and you tell officers you were at that gas station around the time of the robbery, you could be implicated even if you were not a participant in the robbery, or perhaps even aware of it. 

           The main takeaway is this; willingly speaking to police always carries with it some risk of self-incrimination, even if you don’t believe you have done anything wrong. If law enforcement requests any kind of information from you, it is always best to consult with an attorney before providing any form of response. If you are concerned about a recent interaction with police or are being asked to submit to law enforcement questioning, call Cannon Bruns & Murphy today for a consultation.