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July 18, 2024

Police Interrogation Techniques: What You Need to Know

Written by Pointer & Buelna, LLP. Lawyers For The People, reviewed by Adanté Pointer

The methods used by law enforcement to extract information from suspects can range from questioning techniques to psychological manipulation. These techniques are designed to elicit a confession or incriminating evidence, but they also yield false confessions and/or violate the rights of the accused. The more you know about police interrogation techniques, the more prepared you can be if you are ever talking to a police detective. 

As California police misconduct lawyers, we want to empower the public against deception, manipulation, and other civil rights violations by the police. Contact us to discuss concerns about how the police treated you. 

Police Interrogations and Confessions

When facing police interrogation, the first thing to know is the difference between voluntary and involuntary confessions. A voluntary confession is one that is given freely and willingly, without any coercion or duress. For example, a voluntary confession could be presenting the police with a written confession you had prepared in advance with your lawyer. Involuntary confessions, on the other hand, are obtained through coercive or illegal means, such as physical abuse, psychological manipulation, or prolonged questioning.

In the United States, the Fifth Amendment of the U.S. Constitution protects individuals from self-incrimination. Police officers should inform you of your Miranda Rights, which include the right to remain silent during a police interrogation and not be forced to confess. Remember these rights and exercise them out loud if you are ever interrogated by police. When in doubt, ask for your attorney.

Tricking Suspects into Confessions

During a police interrogation, law enforcement often use psychological tactics to manipulate suspects into confessing. There is a reason why the term “good cop/bad cop” came to be. These tactics usually involve creating a high-pressure environment, isolating the suspect, using false evidence, or making promises of leniency. 

To protect yourself from being tricked into confessing:

• Request an attorney
• Remain calm
• Know your rights
• Document the interrogation

Do This If You’re Being Interrogated by Police

If you find yourself being interrogated by the police, remember the following steps:

• Stay calm and composed: Maintaining a calm and composed demeanor will help you think clearly and make informed decisions during the interrogation.
• Assert your rights: Clearly invoke your right to remain silent and request an attorney. Make it clear that you will not answer any questions without your attorney present.
• Limit your responses: If you choose to answer questions, be mindful of the information you provide. Stick to the facts and avoid volunteering unnecessary details.
• Avoid making false statements: Providing false information can have serious legal consequences. Follow your attorney’s guidance.

State Laws on Police Interrogation Tactics in California

California law requires that certain serious felony interrogations be electronically recorded in their entirety. This helps ensure the accuracy and transparency of the interrogation. Additionally, juveniles being interrogated by the police should have a parent present during the interrogation. Furthermore, California police are prohibited from making false promises or threats to elicit confessions. Any evidence obtained through such tactics is not inadmissible in court.

Consult a California Police Misconduct Lawyer

If you believe your rights were violated, you’ll want to have the best San Francisco police misconduct lawyer possible. At Pointer and Buelna, our practice largely focuses on cases just like yours.

To schedule a free case review or legal consultation, contact us now.