In a recent criminal case before a New York court, the defendant appealed her conviction for driving while under the influence of drugs. According to the defendant, the police officer lied to her when he questioned her directly after the car accident she caused. This deception, she argued, was grounds for the resulting drug test results to have been suppressed by the trial court. The disagreed, citing New York case law explicitly stating that police officers are permitted to lie to suspects to get them to cooperate.
New York Case Law
According to case law in New York, “police are permitted to lie or use some deceptive methods” in order to encourage a suspect to cooperate. If the officer in question does not implicitly or explicitly threaten the suspect, it is lawful for the officer to use the coercive tactic of deception to encourage cooperation.
In the criminal case related to driving under the influence, the officer questioned the defendant because she had hit another vehicle with her car. It became apparent to the officer that the defendant appeared to be under the influence of some substance, and he told her that she might not be arrested if she took (and passed) a drug recognition examination. The defendant proceeded to take the exam, and she failed. In a subsequent motion to suppress, the defendant argued it was illegal for the officer to lie to her and tell her that she might not be arrested if she passed the test.
The defendant made a motion to suppress the blood test which if granted would have led to the dismissal of the charges against her. The court, in its decision to deny the motion to suppress, noted that it likely was not a lie that the defendant could have been released if she did pass the exam. Even if the statement were false, though, the officer did have the right to lie to get her to cooperate. Furthermore, there was nothing in the record indicating that the defendant felt intimidated or threatened during the interaction.
Takeaways
If you suspect police misconduct related to your criminal charges, the best thing you can do for yourself is contact an experienced New York criminal defense attorney that can properly advise you of your rights and help you understand if you have a strong defense to the charges against you. With the right legal advice, you can give yourself the highest possible chance of getting your charges dropped.
Do You Need a New York Drug Attorney in Your Corner?
At Tilem & Associates, we give reliable advice to our clients when they find themselves in tough situations. We believe that every client, no matter the severity of the charges, deserves the highest quality representation possible, and we are committed to providing aggressive legal services when it matters the most.
For a free and confidential consultation with a New York drug attorney at Tilem & Associates, you can reach us at 877-377-8666. You can also fill out our online form to tell us about your case and have a member of our team reach back out as soon as possible regarding next steps.