Ever heard of “polygraph by copier”? If you haven’t, here’s how it works:
A detective loads three sheets of paper into a Xerox machine.
“Truth” has been typed onto the first sheet.
“Truth” has been typed onto the seond sheet.
“Lie” has been typed onto the third sheet. Then a criminal suspect is led into the room and told to put his hand against the side of the machine. “What is your name?” asks the detective.
The suspect gives it.
The detective hits the copy button, and a page comes out: “Truth.”
“Where do you live?” asks the detective.
The suspect gives an address, the detective again hits the copy button, and a second page appears: “Truth.”
Then comes the bonus question: “Did you or did you not kill Big Jim Tate on the evening of….?”
The suspect answers.
The detective presses the copy button one last time, and the sheet appears: “Lie.”
“Well, well, well, you lying little bastard,” says the detective.
Convinced that the police have found some mysterious way to peer into the darkest recesses of his criminality, the suspect “gives it up” and makes a full confession.
Yes, contrary to what many believe, police can legally use deceit to obtain a confession.
In 1973, the Supreme Court ruled, in United States v. Russell: “Nor will the mere fact of deceit defeat a prosecution, for there are circumstances when the use of deceit is the only practicable law enforcement technique available.”
In that case, the Court narrowly upheld a conviction for methamphetamine production even though the defendant had argued entrapment.
So what types of interrogative deceit might a police officer use to develop admissible evidence of a suspect’s guilt?
The general rule is that deception can be used so long as it’s not likely to cause an innocent person to commit a crime or confess to a crime that s/he didn’t commit.
Click here: The Lawful Use of Deception – Article – POLICE Magazine
Consider the following examples:
- A detective is interviewing a suspect in a rape case. “Oh, that girl,” he says, thus implying that the victim was a slut and had it coming. The suspect, thinking he’s dealing with a sympathetic listener, starts bragging about his latest conquest–only to learn, too late, that his listener isn’t so simpatico after all.
- “We found your prints on the gun”–or on any number of other surfaces. Actually, there are few good places on a pistol to leave prints. And those that are left can be smeared. The same goes for other surfaces. But if a suspect can be led to believe the cops have his prints, a confession is often forthcoming.
- A police officer is interrogating a suspect in a murder case. “He came at you, didn’t he?” asks the cop. The suspect, who murdered the victim in cold blood, thinks he has an escape route. “Yeah, he came at me”–this confirming that, yes, he did kill the deceased.
- “Your partner just gave you up” is a favorite police strategen when there is more than one suspect involved. If one suspect can be made to “flip”–turn–against the other, the case is essentially wrapped up.
- Interrogating a bank robbery suspect, a cop might say: “We know you didn’t do the shooting, that you were only the wheelman.” This implies that the penalty for driving the getaway car is far less than that for killing someone during a robbery. In fact, criminal law allows every member of the conspiracy to be charged as a principal.
- “I don’t give a damn what you did,” says the detective. “Just tell me why you did it.” For some suspects, this offers a cathartic release, a chance to justify their guilt.
- The “good cop/bad cop” routine is known to everyone who has ever seen a police drama. Yet it continues to yield results so often it continues to be routinely used. “Look, I believe you,” says the “good” cop, “but my partner’s a real asshole. Just tell me what happened so we can clear this up and you can go.”
- “So,” says the detective, “why do you think the police believe you did it?” “I have no idea,” says the suspect, confident that he isn’t giving up anything that might come back to haunt him. “Well,” says the cop, “I guess you’ll just have to make something up.” Make something up sounds easy, but is actually a trap. The suspect may end up giving away details that could incriminate him–or lying so brazenly that his lies can be used against him.
So is there a best way for a suspect to deal with an invitation to waive his Mirandaright to remain silent?
Yes, there is.
It’s to refuse to say anything and to ask for permission to call a lawyer.
That’s the preferred method for Mafia hitmen–and accused police officers. Any cop who finds himself under investigation by his department’s Internal Affairs unit automatically shuts up–and calls his lawyer.
Any other response–no matter how well-intentioned–may well result in a lengthy prison sentence.
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THE TRUTH ABOUT POLICE
In Bureaucracy, History, Law Enforcement, Politics, Social commentary on June 19, 2015 at 12:01 amLori Tankel had a problem: A lot of angry people thought she was George Zimmerman.
She began getting death threats on her
cellphone after a jury acquitted him on July 13, 2013, of the second-degree murder of 17-year-old Trayvon Martin.Unfortunately for Tankel, her number was one digit away from the number Zimmerman used to make his call to police just before he fatally shot Martin.
George Zimmerman
The phone number had been shown throughout the trial. And, believing the number was Zimmerman’s, someone posted Tankel’s number online.
Just minutes after the verdict, Tankel began getting death threats.
“We’re going to kill you. We’re going to get you. Watch your back,” threatened a typical call.
Tankel worked as a sales representative for several horse companies. She had grown used to relying on her phone to keep her business going.
But, almost as soon as the Zimmerman verdict came in, “My phone just started to blow up. Phone call after phone call, multiple phone
calls,” Tankel said.So she did what any ordinary citizen, faced with multiple death threats, would do: She called the police.
According to her, the Seminole County Sheriff’s Office told her the department itself receives around 400 death threats a minute on social media sites.
In short: Unless you’re wealthy, a politician or–best of all–a cop, don’t expect the police to protect you if your life is threatened.
If you doubt it, consider the lessons to be learned when, in February, 2013, Christopher Dorner declared war on his former fellow officers of the Los Angeles Police Department.
First, above everyone else, police look out for each other.
Robert Daley bluntly revealed this truth in his 1971 bestseller, Target Blue: An Insider’s View of the N.Y.P.D. A police reporter for the New York Times, he served for one year as a deputy police commissioner.
A great many solvable crimes in the city were never solved, because not enough men were assinged to the case. Or because those assigned were lazy or hardly cared or got sidetracked.
“But when a cop got killed, no other cop got sidetracked. Detectives worked on the case night and day….
“In effect, the citizen who murdered his wife’s lover was sought by a team of detectives, two men. But he who killed a cop was sought by 32,000.”
Second, don’t expect the police to do for you what they’ll do for one another.
The LAPD assigned security and surveillance details to at least 50 threatened officers and their families. A typical detail consists of two to five or more guards. And those guards must be changed every eight to 12 hours.
Those details stayed in place long after Dorner was killed in a firefight on February 12.
But if your bullying neighbor threatens to kill you, don’t expect the police to send a guard detail over. They’ll claim: ”We can’t do anything until the guy does something. If he does, give us a call.”
Third, the more status and wealth you command, the more likely the police are to address your complaint or solve your case.
If you’re rich, your complaint will likely get top priority and the best service the agency can provide.
But if you’re poor or even middle-class without high-level political or police connections, you’ll be told: “We just don’t have the resources to protect everybody.”
Fourth, don’t expect your police department to operate with the vigor or efficiency of TV police agencies.
“I want this rock [Hawaii] sealed off,” Steve McGarrett (Jack Lord) routinely ordered when pursuing criminals on “Hawaii Five-O.”
Jack Lord as Steve McGarrett
Real-life police departments, on the other hand:
Even when police ”solve” a crime, that simply means making an arrest.
After that, there are at least three possible outcomes:
Fifth, the result of all this can only be increased disrespect for law enforcement from a deservedly–and increasingly–cynical public.
It is the witnessing of blatant inequities and hypocrisies such as those displayed in the Christopher Dorner case that most damages public support for police at all levels.
When citizens believe police care only about themselves, and lack the ability-–or even the will-–to protect citizens or avenge their victimization by arresting the perpetrators, that is a deadly blow to law enforcement.
Police depend on citizens for more than crime tips. They depend upon them to support hiring more cops and buying state-of-the-art police equipment. When public support vanishes, so does much of that public funding.
The result can only be a return to the days of the lawless West, where citizens–as individuals or members of vigilantee committees–looked only to themselves for protection.
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