When Police Lie

Many citizens do not understand their legal rights, leaving room for abuse by those sworn to protect

“The Case”, by Nina Vidra

“You have the right to remain silent. Anything you say can and will be used against you in the court of law.”

Every American is familiar with this phrase. Even if you’re non-American, you’ve probably encountered it at some point when viewing American media. These are the opening lines to the Miranda Warning, a series of granted rights you are legally entitled to know if you have been arrested in any of the 50 states.

Police officers have been trained for decades to recite this warning in order to protect citizens from maltreatment during the interrogation process. However, many citizens do not clearly understand the Miranda Warning or other rights they’re entitled to. As a result, they are left vulnerable and potentially at risk of psychological abuse at the hands of the American government.

On March 13, 1963, Ernesto Miranda was arrested for the kidnapping and rape of an 18-year-old woman in Arizona. Within two hours of his questioning, Miranda signed a confession pleading guilty. Despite having committed the crimes, however, Miranda was at no point made aware of his Constitutional rights and protections—something potentially troublesome for those who have been falsely accused. This created grounds for the landmark case that went up to the Supreme Court in Miranda v. Arizona. The Court ruled in Miranda’s favor, and in the aftermath, the Miranda Warning was created. Drawing directly from the 5th and 6th Amendments, the warning stated that American citizens have protection from self-incrimination and the right to legal counsel.¹²³ It was intended to shield citizens—be they guilty or innocent—from faulty police practices and to help stem corruption in the legal system.

However, there are several problems with this.

Firstly, if you are detained, you can relinquish the very rights listed in the Miranda Warning⁴. Yet, many Americans do not realize this. When an officer says, “Do you understand what I just said? With these rights and mind, do wish to speak to me?” they really mean, “Say ‘yes’ right now and you’re giving up any legal protections you currently have.” That includes the right to an attorney and the right against self-incrimination. While this may be useful for catching criminals, if you’re innocent, you may have surrendered your freedom without even knowing it.⁵

This is only the first layer of deception, however. The second is the fact that police can lie during any point of the interrogation process. They can lie about your charges, possible sentencing, case evidence, events of the crime itself, or even your mental state. They can manipulate you, twist your words, craft alternate realities, and torture you psychologically until you give them the confession they’re looking for. Police can do anything but physically touch you—everything else is on the table.

In the high-pressure world of crime solving, where every minute counts, this method can trap a gullible or less-cunning criminal. But it potentially ensnare innocent men, women, and children who simply trusted those sworn to protect them. It gives license to every lazy, poorly-trained, corrupt, or wicked officer out there to mistreat American citizens. But the officers don’t mind. Who cares about the truth when you can lock up a guy quickly and say “case closed”?

The worst part is, it’s all legal. And it’s paid for by your tax dollars.

Michael Crowe (center) was 14 when he and his friends were falsely accused for murdering his 12-year-old sister (left). Crowe himself was legally interrogated without his parents’ knowledge; unknowingly waived his legal rights & protections; and was psychologically mistreated for days until he falsely confessed, despite prior evidence proving otherwise.

They say no one is above the law, but what do you do when you don’t even know the law? What do you do when those very laws can be used against you?

This is an unfortunate reality for the American public and is one of many reasons why people have grown to distrust the powers and authorities that be. Every Amendment was specifically added to the Constitution to better ensure our safety from the corrupt, yet many citizens are completely blind to the protections they are entitled to.

We are told that power is only derived from the consent of the governed. But an educated and knowledgeable governed class is dangerous to rulers who only have their pockets in mind. It’s far more convenient to keep the masses subservient. This is precisely why the American education system fails to enlighten students on the nature of the rights, protections, and privileges that were fought and bled for over the course of our nation's history. Instead, students are indoctrinated for years, never knowing the truth. By keeping each generation blind to their inheritance, the ruling class can comfortably maintain power, knowing they will never be challenged.

Alas, police having the legal right to deception and manipulation is just one piece of the puzzle. But it is a vital peace that has the potential to harm an untold number of people, damaging their trust in a system meant to protect them. No officer should have the right to lie to those they are interrogating. This should be a federally mandated standard, not a reserved power determined state-by-state. Further, it should be a national standard to provide citizens with a comprehensive civic education during their K-12 years. But as the government is intent on indoctrination rather than education, then we must take it upon ourselves to understand our inheritance as American citizens and to always be aware of the corruption lurking beneath the surface.

1. Miranda warning. (n.d.). LII / Legal Information Institute. https://www.law.cornell.edu/wex/miranda_warning

2. Hardy, D. C. (2018, August 26). Who is Ernesto Miranda? - Miranda Rights. The Hardy Law Firm Blog. https://www.thehardylawfirm.com/blog/what-are-miranda-rights-and-who-was-ernesto-miranda/

3. Facts and Case Summary - Miranda v. Arizona. (n.d.). United States Courts. https://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-summary-miranda-v-arizona

4. Note: If you have not been detained (whether you know it or not), officers are not obliged to issue the Miranda Warning. Though this can certainly be useful when solving crimes, it can also lead someone to become a suspect if they merely misspoke.

5. Findlaw Staff. (n.d.). Waiving Miranda Rights. Findlaw. https://www.findlaw.com/criminal/criminal-rights/waiving-miranda-rights.html