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Posts tagged "right to counsel"

Pierce v. State: Can Police Lie to Obtain a Confession?

It has been conventional wisdom for many years that police are allowed to lie to obtain incriminating statements against a defendant. For instance, during interrogation, police can tell the accused that an eyewitness has identified him as the person who committed the crime. Police also commonly and falsely claim that a co-defendant has confessed and implicated the defendant in the crime. Under the reasoning of the recently decided Pierce v. State, FLW (Fla. 1st DCA, June 6, 2017), however, police cannot misstate the application of Miranda v. Arizona to obtain a confession.

Police Entrapment and Solicitation of a Minor

Both child pornography and solicitation to have sex with a minor cases are on the rise. Police departments have committed numerous resources to monitoring chat rooms and trying to lure people into attempting these crimes. A recent Florida case, State v. Martinez, illustrates just how far some law enforcement officers are willing to go. [(12th Cir, Manatee County (May 8, 2014)]. 

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Sheppard, White, Kachergus, & DeMaggio, P.A. Attorneys & Counselors at Law.
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