Can The Police Lie To Obtain A Confession?

The police are charged with finding the truth. In the competitive enterprise of ferreting out crime, however, sometimes police use means are not the kind that we as a society necessarily accept. These tactics have been tested time and time again by courts to see if the confession will be held admissible. What happens when the police lie to obtain a confession?

Imagine this scenario, a person is being investigated for aggravated sexual assault (e.g., rape). The police are performing a custodial interrogation of the accused. The police tell the accused that the victim has identified him in a line-up. However, the reality is that the victim was not shown a line-up nor had the victim ever identified the accused. Once told this information, the accused confesses to the crime and the police comply with the terms of article 38.22.

At trial, the State attempts to introduce the confession of the accused to prove the defendant's guilt. What will the court do? That is, does the jury get to hear the defendant's confession.

If you have been charged with a sex crime, contact a Plano criminal defense lawyer.