Can Police Lie About Being a Cop Ky
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It is illegal to lie to police in some circumstances. It is a criminal offense to lie about your identity to a police force enforcement officer during a traffic stop or while beingness placed under arrest. Filing a false law report is also a crime. The nearly serious criminal offence, however, is perjury, which can exist a felony.
When is it illegal to make a fake statement to law enforcement?
The police against making simulated statements to police force officers is dissimilar in every country. Notwithstanding, if yous lie to law enforcement, it is generally going to be illegal in the following iii circumstances:
- when providing identifying information,
- when under oath, and
- when filing a police report or reporting a criminal offense.
Details will diverge in different states. California, yet, makes it illegal to lie to police in all three situations.
Providing fake identifying information
In California, it is a misdemeanor to provide simulated data or documentation to a police officer who is enforcing traffic laws.1 This covers things similar:
- giving police a imitation proper name,
- providing a faux commuter's license or 1 that was borrowed,
- using counterfeit, forged, or fake vehicle registration, and
- lying about the weight of the truck you are driving.
For example: Marker was driving while drunk and acquired an accident. At the crime scene, he tells police force that he is really Dave, his blood brother, in an attempt to avoid being charged with the criminal law-breaking of driving nether the influence (DUI).
This item California statute is limited to the enforcement of the traffic code by local law enforcement and peace officers. Vehicle Lawmaking twenty VC covers providing simulated identification to the California Highway Patrol (CHP) or to the Department of Motor Vehicles (DMV). Some other statute, Penal Code 148.9 PC, prohibits knowingly providing imitation identification to police after being arrested or lawfully detained.2 Other states, similar Florida, have similar laws. iii
Violations of the California laws are misdemeanors. They tin carry upward to 6 months of jail time in canton jail.
While laws do not make information technology a crime to provide false identification during a consensual police force encounter, providing false information in other circumstances may withal exist considered obstruction of justice for resisting arrest.four
Perjury
Perjury is the criminal offense of deliberately giving false testimony while under oath. In California, prosecutors accept to prove that:
- the accused took an oath to tell the truth,
- he or she willfully passed off false information as truthful,
- the information was textile, or important,
- the defendant knew that he or she was making the statement while nether oath, and
- the defendant intended to prevarication when making the simulated argument.5
The range of this offense is further than many people realize. Information technology does non only apply to an ongoing criminal investigation, grand jury, or criminal court. Many official documents, for instance, are filled out and signed under oath. These include:
- driver's license applications,
- signed affidavits, declarations, or certificates, and
- depositions.
Some of these documents are commonly handed to constabulary officers.
As in many other states, perjury is a felony in California. This is a serious offense. A confidence can carry upwardly to four years in prison.
Filing a false police force written report
Every country makes it illegal to file a false police report of a crime. In California, filing a false law report is a misdemeanor offense. Some other states treat it equally a felony in some circumstances.
In Michigan, for case, information technology is a felony to knowingly make a false study of a criminal offense of terrorism to anyone, including to law enforcement. Convictions conduct upwards to xx years in prison.6
Defendants may besides be held civilly liable for the costs of constabulary enforcement's response to the fake report.
What about lying to federal agents?
Lying to federal agents can be a federal offense.
Federal criminal police makes it a criminal offense to knowingly and willfully:
- falsify or conceal a material fact,
- make whatever materially false statement or representation, or
- use a false writing or document, knowing that information technology contains materially faux statements.7
This law covers giving false information to the federal executive, legislative, or judicial branches. This includes agents from the:
- Federal Bureau of Investigation (FBI),
- Central Intelligence Agency (CIA),
- Drug Enforcement Administration (DEA), and
- Immigrations and Community Enforcement (ICE).
This is a felony offense. Convictions acquit upwards to five years in prison.
Can yous be charged with a felony for lying to a law officer?
Lying to a police force officer is usually a misdemeanor. However, if the false statement was made nether oath, it can corporeality to perjury. This criminal offense is a felony in California and in many other states.
When facing a felony offense, it is even more important to institute an chaser-client relationship with a criminal defense lawyer from a local police force firm. Their legal advice can help y'all make informed decisions about your defense strategy.
What if I did non intend to lie?
All of these offenses require the defendant to knowingly brand false statements to constabulary. Proof that you did not know that the statement was simulated is a strong defence force to one of these charges.
An experienced criminal defense force chaser can use bear witness that you lot did non knowingly make a false argument or did not intend to lie to fight these serious criminal charges.
Well-nigh the Author
Neil Shouse
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law Schoolhouse (and completed additional graduate studies at MIT). He has been featured on CNN, Practiced Morn America, Dr Phil, Court Television, The Today Evidence and Courtroom Television set. Mr Shouse has been recognized by the National Trial Lawyers every bit one of the Height 100 Criminal and Top 100 Ceremonious Attorneys.
Source: https://www.shouselaw.com/ca/blog/is-it-illegal-to-lie-to-the-police/
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