Officers Lying

[JoshuaMI]

What is the name of your state? MI

Is an officer allowed to lie about the law?
Can he lie about having a warrant for someone's arrest?
If he says he has a warrant for someone's arrest, can I lie about where that person is/isn't?
Can I lie in general to an officer?
Can an officer threaten to send people to jail if they are watching someone being arrested and don't leave when asked?
Can an officer use foul language?
Can I use foul language when talking to an officer?
Can an officer search me w/o my consent?

If you can answer any/all questions, I'd appreciate it.
BTW, all this happened in one incident.

(1) Is an officer allowed to lie about the law?
(2) Can he lie about having a warrant for someone's arrest?
(3) If he says he has a warrant for someone's arrest, can I lie about where that person is/isn't?
(4) Can I lie in general to an officer?
(5) Can an officer threaten to send people to jail if they are watching someone being arrested and don't leave when asked?
(6) Can an officer use foul language?
(7) Can I use foul language when talking to an officer?
(8) Can an officer search me w/o my consent?


Your questions are so general that it's hard to give a reasonable answer, but here's my try (let others add theirs):
1 Yes
2 Yes
3 No
4 Need more facts
5 Yes
6 Yes
7 Need more facts
8 Yes (see Fourth Amendment, United States Constitution)

[JoshuaMI]

If an officer is allowed to lie about the law, how can I believe ANYTHING an officer says?

[JoshuaMI]

#7: The officer said "You're brother's an *******", so I said "You're one too". Then he said, "You're going to jail", and he patted me down and searched me. Was this all legal?

Originally Posted by JoshuaMI

#7: The officer said "You're brother's an *******", so I said "You're one too". Then he said, "You're going to jail", and he patted me down and searched me. Was this all legal?

Could we have the rest of the facts?

Thanks....

[JoshuaMI]

Sorry, didn't know you needed all the facts.

An officer called me on the phone to ask me if a friend of mine is at my house, (said friend was supposed to be moving in, but never did) saying there is a warrant out for his arrest. I said no. Officer says to tell friend to call him if I see said friend. Turns out my friend was there. (He had his own key; this wasn't the first time he was there w/o my knowing.) I tell friend that officer called and he needs to turn himself in. Friend calls officer to arrange turning himself in, but wants his medicine from his place first so tells officers to pick him up at his place. Friend tells me he doesn't want officers rifling through his car, so I offer to take him in mine. We leave to go to friend's place and officers pull up behind me as I pull out. Police had placed a tracking device on his car, and so knew he was at my place before I even did. Police call me liar, threaten to take me to jail. Threaten to take my friends to jail, as they were waiting for an intersection to clear before turning and were talking to me in the meanwhile.

[JoshuaMI]

Here it is in sequence:

1) An officer called me on the phone to ask me if a friend of mine is at my house, (said friend was supposed to be moving in, but never did) saying there is a warrant out for his arrest. I said no. Officer says to tell friend to call him if I see said friend. Turns out my friend was there. (He had his own key; this wasn't the first time he was there w/o my knowing.) I tell friend that officer called and he needs to turn himself in. Friend calls officer to arrange turning himself in, but wants his medicine from his place first so tells officers to pick him up at his place. Friend tells me he doesn't want officers rifling through his car, so I offer to take him in mine. We leave to go to friend's place and officers pull up behind me as I pull out. Police had placed a tracking device on his car, and so knew he was at my place before I even did. Police call me liar, threaten to take me to jail. Threaten to take my friends to jail, as they were waiting for an intersection to clear before turning and were talking to me in the meanwhile.

2) My friends and brother (in same car) finally go as traffic clears.

3) The officer said "You're brother's an *******", so I said "You're one too". Then he said, "You're going to jail", and he patted me down and searched me. Was this all legal?

Originally Posted by JoshuaMI

Sorry, didn't know you needed all the facts.

An officer called me on the phone to ask me if a friend of mine is at my house, (said friend was supposed to be moving in, but never did) saying there is a warrant out for his arrest. I said no. Officer says to tell friend to call him if I see said friend. Turns out my friend was there. (He had his own key; this wasn't the first time he was there w/o my knowing.) I tell friend that officer called and he needs to turn himself in. Friend calls officer to arrange turning himself in, but wants his medicine from his place first so tells officers to pick him up at his place. Friend tells me he doesn't want officers rifling through his car, so I offer to take him in mine. We leave to go to friend's place and officers pull up behind me as I pull out. Police had placed a tracking device on his car, and so knew he was at my place before I even did. Police call me liar, threaten to take me to jail. Threaten to take my friends to jail, as they were waiting for an intersection to clear before turning and were talking to me in the meanwhile.

I suggest you keep your mouth shut and pretend you never made this post.

You were aiding and abetting an escape....

[CdwJava]

Cool! I'll play!

Originally Posted by JoshuaMI

Is an officer allowed to lie about the law?

To some extent, yes.

Can he lie about having a warrant for someone's arrest?

Sometimes, yes. Not in order to compel custody or consent.

If he says he has a warrant for someone's arrest, can I lie about where that person is/isn't?

You can, but you might be accused of aiding and abetting a fugitive ... depending on the circumstances.

Can I lie in general to an officer?

Depends on the state and the circumstances. You can lie to him about likeing the New York Yankees, but you likely cannot lie to him about your identity.

Can an officer threaten to send people to jail if they are watching someone being arrested and don't leave when asked?

Yessiree.

Can an officer use foul language?

Yes. It's probably out of policy, but he can.

Can I use foul language when talking to an officer?

Sure. It's not smart. I take offense at foul language, but I can't arrest you for it. But it's never a good idea to tick off the cop who is deciding if you have committed a crime or not.

Can an officer search me w/o my consent?

Under certain circumstances, sure. But this is circumstance specific.


- Carl

[CdwJava]

Originally Posted by JoshuaMI

Police had placed a tracking device on his car, and so knew he was at my place before I even did. Police call me liar, threaten to take me to jail. Threaten to take my friends to jail, as they were waiting for an intersection to clear before turning and were talking to me in the meanwhile.

Since crooks tend to lie to us, they were smart in not waiting for him to arrive at the police station. And they have a right to call you a liar ... and they may even be able to charge you for something. They can call you what they want - there is no law against that. If they were rude and unprofessional, file a complaint with the employing agency.

2) My friends and brother (in same car) finally go as traffic clears.

Good for them.

3) The officer said "You're brother's an *******", so I said "You're one too". Then he said, "You're going to jail", and he patted me down and searched me. Was this all legal?

Did you go to jail? Were you arrested and then released at the scene with a summons or promise to appear? If so, a search incident to arrest is perfectly legal.

- Carl

[JoshuaMI]

How is what I did aiding and abetting? I didn't know my friend was there and when I found out, I had him call the officer as the officer requested. We were going to meet the officer, so that my friend could turn himself in. What could I have done differently?

Also, do I have to tell an officer my name or show ID if asked on the street or at home. Do I have to answer my door if the officer doesn't have a warrant?

> Did you go to jail? Were you arrested and then released at the scene with
> a summons or promise to appear? If so, a search incident to arrest is
> perfectly legal

I didn't go to jail, he was trying to intimidate me.

[JoshuaMI]

> Since crooks tend to lie to us, they were smart in not waiting for him to
> arrive at the police station. And they have a right to call you a liar ... and
> they may even be able to charge you for something. They can call you
> what they want - there is no law against that. If they were rude and
> unprofessional, file a complaint with the employing agency.

If I file a complaint, won't they turn around and charge me with something and lie about the whole incident anyway? One of the officers lied again, and again, and again. Then he was surprised when I didn't believe him on something. These guys were total ********.

[CdwJava]

Originally Posted by JoshuaMI

How is what I did aiding and abetting? I didn't know my friend was there and when I found out, I had him call the officer as the officer requested. We were going to meet the officer, so that my friend could turn himself in. What could I have done differently?

Beats me. I just answered a vague question. Could you be charged or accused of it? Maybe. Would you be guilty of it? I don't know.

Your questions were not really "Yes" or "No" queries.

Also, do I have to tell an officer my name or show ID if asked on the street or at home. Do I have to answer my door if the officer doesn't have a warrant?

The first answer is - it depends on state law and on the circumstances; and the second answer is, not usually.

I didn't go to jail, he was trying to intimidate me.

Okay ... then, as I see it, your options are (1) to file complaint about his behavior, attitude and lack of professionalism with his employer, (2) see if an attorney would be willing to sue over a case where there was no damage but an arguable 4th Amendment violation, or, (3) walk away from it and be more careful about your friends and associates in the future.

- Carl

[CdwJava]

Originally Posted by JoshuaMI

If I file a complaint, won't they turn around and charge me with something and lie about the whole incident anyway? One of the officers lied again, and again, and again. Then he was surprised when I didn't believe him on something. These guys were total ********.

We can lie about a bunch of things. Lying in court is a different animal.

I cannot possibly guarantee that someone will NOT lie just as I cannot guarantee that you will not lie.

However, there are always different versions and interpretations of events. And having a different view is NOT a lie.

If you say you did not resist, and I say you did, then we can both be right based upon out interpretations. If you believed that pulling away when I grab your wrist is NOT resisting because to you "resisting" requires taking a poke at the officer, then your point of view is incorrect, but it would not be a lie.

So, what you do is entirely up to you. And you can even call the local news media and see if they have any interest in it. But, in the long run, since you were nor suffered any additional damage, you really have (in my lay opinion) no grounds for a civil suit.

- Carl

[Rhubarb297]

Originally Posted by seniorjudge

(1) Is an officer allowed to lie about the law?
(2) Can he lie about having a warrant for someone's arrest?
(3) If he says he has a warrant for someone's arrest, can I lie about where that person is/isn't?
(4) Can I lie in general to an officer?
(5) Can an officer threaten to send people to jail if they are watching someone being arrested and don't leave when asked?
(6) Can an officer use foul language?
(7) Can I use foul language when talking to an officer?
(8) Can an officer search me w/o my consent?


Your questions are so general that it's hard to give a reasonable answer, but here's my try (let others add theirs):
1 Yes
2 Yes
3 No
4 Need more facts
5 Yes
6 Yes
7 Need more facts
8 Yes (see Fourth Amendment, United States Constitution)

My answers:

1. Possibly. I would lean Senior Judge's way, but depending on the circumstances, there could be a problem with a police officer deliberately lying to the public about the law.

2. Same answer as No. 1...substitute "warrant" for "law" at the end of the sentence.

3. No, could be obstruction of justice or some other type of crime.

4. Need more facts.

5. Under almost all circumstances.

6. Yes, but it could be an internal discipline problem for the officer.

7. Need more facts.

8. DEFINITELY need more facts. Maybe yes or maybe no.