Can Police Lie to You? Is It Illegal to Lie to Them? | Roth Davies LLC
When You’re Talking To The Police, Are Police Allowed To Lie To You?
Police are allowed to lie to you. Again, a lot of this comes from watching TV. People think that if you ask an undercover cop if he’s a cop, he has to tell you. That’s completely false. If you think about that practically, then everyone would go around anytime they were committing a crime or going to commit a crime and say, “Are you a cop?” The undercover police system would just completely fail. Police can lie to you, it happens in all different types of ways.
The police will arrest someone and may lie and say, “Oh, we’ve got your partner in the next room and he is spilling his guts. Now is your time to come clean right now. If you come clean, then we’re going to be easier on you.”
Well, first of all, the police don’t have the power to be easier on you. The prosecutor is who makes the decision on how you will be charged. Law enforcement are actually trained to deceive you to get you to admit to things. It’s that kind of attitude that makes people confess to crimes they didn’t even commit just because they are so scared of what the police can do to them.
Another lie that they will tell you is that, “Oh, this is off the record." What you are telling me is off the record.” That’s also a lie. They are just telling you that they are going to use whatever you say against you later.
They will say, “Okay. Go ahead and tell me what happened. This is just between me and you. Tell me did you commit this crime? I’m not really looking for you. I’m looking for somebody else but I need to know.” They are just lying to you to get you to admit to the crime and they are going to use every single thing you say against you in court.
One of the biggest deceptions police use is when they will pretend that they have some ability to impact what happens on your case. They may say, “We’ll put a good word in for you with the judge.”
Most likely they need you to talk to prove their case. If you listen to what the police officer is saying that they have got your partner in the next room and he is confessing, then why do they need you, why would they be asking you to admit to any crimes if they have already got your partner confessing?
If you just use a little common sense, you can see right through their lies. Police don’t have any code of ethics like a lawyer or a judge that says that they can’t trick you into confessing. They are trained to do that, and they will do it.
Is It Illegal to Lie to the Police in Kansas?
Yes. In Kansas, knowingly giving police false information to influence or obstruct their work can be charged as interference with law enforcement under K.S.A. 21-5904. This includes falsely reporting that a crime happened, giving false information during an investigation, and hiding or altering evidence.
The penalty depends on the case behind it. Most charges are class A misdemeanors, which can carry up to a year in jail, but they can become felonies when the underlying case involves a felony.
You don't have to lie, and you don't have to answer. You have the right to remain silent. Staying silent is not a crime; lying can be. If police start asking questions, you can say, "I'm going to remain silent, and I want to speak with a lawyer." Learn more about what happens after you ask for a lawyer.