Can a person sue if he or she asked the police officer if they should have a lawyer present and were told that he or she shouldn't because they were not being charged with anything; and then were coerced into confession?
2007-07-05 10:30:22 · 6 answers · asked by CMDS 2 in Politics & Government ➔ Law & Ethics
What a great question - to ask your LAWYER
2007-07-05 10:34:25 · answer #1 · answered by davidmi711 7 · 1⤊ 0⤋
If you're in the United States, you have a Fifth Amendment right to have an attorney present during a custodial interrogation. If you weren't in custody being interrogated, there is no right to a lawyer. Any information volunteered during that time is admissible against you.
If it was a custodial interrogation, you should have been read your Miranda rights. If you were not, you might be able to have the confession suppressed. It would be difficult to pursue a civil suit against the police for damages unless you can show a violation of your civil rights; generally the government cannot be sued.
You should consult an attorney for assistance with your specific situation.
2007-07-05 10:44:36 · answer #2 · answered by Loring 2 · 0⤊ 1⤋
I'm not an expert but once you're told you are not charged with anything you can get up and leave. Also if the person asked for a lawyer and was denied thats major grounds for appeal and the confession should be tossed.
2007-07-05 10:34:37 · answer #3 · answered by crushinator01 5 · 1⤊ 0⤋
How could a confession be coerced unless you then had a guilty conscience?
Are you in the U.S.? If so, did you have your rights recited to you?
You need a lawyer!!!
2007-07-05 10:40:15 · answer #4 · answered by coorissee 5 · 1⤊ 0⤋
No you cant But you can feel real Stupid for letting some pinko commie scumbag talk you into telling on yourself remember they are bigger crooks than the worst you find in jail and there not locked up they are the kids who always got picked on in school who had no friends and couldnt get a girlfriend so they became cops to get even with the world !!!! PUNKS that hide behind a badge !!!!!! otherwise they would still be getting their asses kicked on the street !!
2007-07-05 10:45:32 · answer #5 · answered by wildman 3 · 0⤊ 2⤋
No you cant sue, but the confession would not be admissible in court.
2007-07-05 10:41:54 · answer #6 · answered by michael q 2 · 2⤊ 0⤋