Why is it that police can lie to you when being questioned and not be charged with perjury,but if you lie to the police or in court you can be charged with perjury.I have seen Court TV cop shows,where the johns ask the undrecover police woman if she is a cop, and she says no.Why is this not perjury?
2007-01-12 01:59:35 · 21 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
It's my opinion that you're mixing apples with oranges. If you're questioned by an officer about something, to conceal that information is hindering a governmental and offical operation. As for an "undercover" operation where I may be trying to make a case against the local drug dealer who's selling your children poison...he asks if I'm a cop....oh yeah! By the way....I love it when someone mentions the term "entrapment" because they normally have it wrong. Entrapment is where an officer "entices" or makes you do something to break the law. For instance, many complain that it's "entrapment" to run radar in a semi or concealed fashion...ie behind a bush or billboard...not entrapment. I don't have control over how much gas you give your engine. An example of entrapment would be like this....If I am acting like I want to buy illegal drugs from you. You wouldn't hear of it. So I ask you to buy one joint and offer you $1,000.00 for ONE joint. Kind of rediculous and pricey. But someone who wouldn't NORMALLY be inclined to break the law willing to make a fast dollar may just jump at the offer. That's a very simplistic example but close enough! Don't pay attention to a lot of nonsence you see on television...television is nothing but the almighty dollar. Whatever sells the best...they show!
2007-01-12 02:05:30 · answer #1 · answered by KC V ™ 7 · 1⤊ 0⤋
Perjury is to swear a false hood in court. Cops can also be charged with perjury if they make false statements in court. When they are on the street they can lie just as much as you can, sometimes better. If a cop take a statement from you, and it's false you can arrested for making a a false statement not perjury.
2007-01-14 10:12:25 · answer #2 · answered by Sgt 524 5 · 0⤊ 0⤋
The United States Supreme Court has stated that it is not illegal for a police officer to lie to a suspect during questioning of that suspect.
It is not illegal for a suspect to lie to the police when being questioned. It's a bad idea, but it's not illegal.
An undercover officer posing as a prostitute during a sting operation is not under oath and is not required to be truthful if asked if she is a police officer. This is NOT entrapment; entrapment occurs when you assist a person in committing a crime and then prosecute them for it. Posing as a hooker is not a crime; if the decoy had actually had sex with the customer and then charged him, THAT would be entrapment since the officer took an active role in the crime. (That's why the cops always bust the customer as soon as the offer is made.)
Lying under oath in a court of law is a criminal offense called Perjury. This law applies to everyone in the court - witnesses, defendents, police officers, everyone. Anyone who commits perjury can be tried for a separate criminal offense.
2007-01-12 02:32:29 · answer #3 · answered by Team Chief 5 · 3⤊ 0⤋
I think you are confusing "perjury" with issuing a false statement to a police officer. 2 very different crimes. Perjury is when you have taken an oath to tell the truth in a court of law. "Issuing a false statement" is something else. The Police may lie to obtain any a confession because there is no law against lying to a criminal.
2007-01-12 03:37:49 · answer #4 · answered by SGT. D 6 · 1⤊ 1⤋
Because the Supreme Court has said police officers may lie to illicit the truth during investigations. You cannot a. Give a false verbal complaint/statement to police because it sends them off on a wild goose chase and put the screws to people who aren't a party to any crime and b. A false, written statement to police is a sworn affidavit. Now...police cannot lie IN COURT. That is perjury. Just like you can't...you're under oath.
But..in the field...if I had a nickle everytime I lied to a dope dealer when undercover I'd be wealthy. It was worth it just to see the look on their faces in court when you walked through the door.
So..that's it bud. Cops can lie. They just cannot do so in court OR in their reports...which are official documents and a sworn affidavit as well.
2007-01-12 03:15:51 · answer #5 · answered by Quasimodo 7 · 1⤊ 0⤋
2 separate distinctions : 1. police MAY use trickery during questioning or undercover operations- let's not pretend that everyone doesn't lie to the police even about small issues like speeding or red light violations- i have never stopped ANYONE that ever admitted to going through a red light ! in any event- perjury is NOT committed unless you are giving sworn testimony either in court or in a legal proceeding, in which case, everyone must tell the truth or suffer the consequences of lying to the court, including police officers
2007-01-12 04:50:55 · answer #6 · answered by Officer Baz Says... 2 · 1⤊ 0⤋
Because there is already criminal intent when the women posing as hookers are approached. Also, as long as the officers don't initiate the "transaction" (like just approaching someone on the street minding their own business), they are fine. There has to be some latitude for them to do their jobs.
And what you are speaking of is "entrapment" - "perjury" is lying in a court of law after taking oath to tell the truth.
2007-01-12 03:07:40 · answer #7 · answered by volleyballchick (cowards block) 7 · 0⤊ 0⤋
It is only perjury if you lie under oath, my friend. You can lie all day to the police. Believe me, after 18 years, I have heard some whoppers. Lying from the standpoint of undercover work is an officer safety issue, and perfectly acceptable. Heck, you think I am going to tell some bikers, from whom I am about to purchase drugs, that I am a cop if they ask me? I may be crazy, but I aint stupid.
2007-01-12 02:59:16 · answer #8 · answered by dkiller88 4 · 2⤊ 0⤋
First of all, perjury only occurs if you lie under oath. The police woman is not under oath when the johns ask her if she is a cop.
Second, those guilty of crimes lie all the time and hinder investigations. Why shouldn't the police be able to lie (to a certain extent) to obtain criminal confessions and evidence?
2007-01-12 02:07:39 · answer #9 · answered by harrisnish 3 · 3⤊ 0⤋
Cops are protected aganist lying, due to their pursuit in in arresting a person in the process of committing a crime. A "john", can always walk away and change his mind, but if the "john" pursues his criminal attempt in obtaining illegal sex for money, then he will be charged as such. Even in the interrogation stage, they can lie, in their attempt to get all the facts concerning a crime.
2007-01-12 02:41:18 · answer #10 · answered by Anonymous · 0⤊ 0⤋