4 ms·

>They're requesting in writing that no analysis was done, because then when they get the equipment back and see that yup, analysis was done, they can then I ass

by clubm8 8y ago

>They're requesting in writing that no analysis was done, because then when they get the equipment back and see that yup, analysis was done, they can then I assume sue for... Something? I'd assume if you're involved in a lawsuit against the police, and they make a factual claim like "we did not analyze items not listed in the warrant", that there's some sort of perjury type charge there. While the police are allowed to lie to you, that's usually restricted to interrogations ("your partner has already flipped") not lying to the lawyer for the person suing you.

testvox 8y ago
This isn't how it works in the United States at least. The police are allowed to lie to you, your lawyer, the media, anyone they want to, as long as they are not under oath. They may be held civilly liable for lies that cause damages but only after overcoming their qualified immunity. Lieing to the court even when not under oath could lead to a contempt change.
- clubm8 8y ago
  >This isn't how it works in the United States at least. The police are allowed to lie to you, your lawyer, the media, anyone they want to, as long as they are not under oath. That seems like you're playing semantics. A contempt charge is a type of criminal charge. My contention is that if a lawyer, during discovery, asks the police a question like "did you analyze the data" and they lie they'd face issues. So it looks like we're in agreement :)
  - mg794613 8y ago
    You are in spirit in agreement, but I don't think he played on words. Just stating (how awful, personal opinion) how it is in the US.
smoe 8y ago
To my knowledge the police in Germany is not allowed to lie to you during interrogations in the sense you put it. https://dejure.org/gesetze/StPO/136a.html https://dejure.org/gesetze/StPO/136a.html According to this law, deception is a prohibited interrogation method. No idea how this is handled in practice and what the loopholes are. I have a vague memory of a confession in Switzerland being invalidated because of this, but can't find a source at the moment.

by clubm8 8y ago

testvox 8y ago

This isn't how it works in the United States at least. The police are allowed to lie to you, your lawyer, the media, anyone they want to, as long as they are not under oath. They may be held civilly liable for lies that cause damages but only after overcoming their qualified immunity. Lieing to the court even when not under oath could lead to a contempt change.

clubm8 8y ago
>This isn't how it works in the United States at least. The police are allowed to lie to you, your lawyer, the media, anyone they want to, as long as they are not under oath. That seems like you're playing semantics. A contempt charge is a type of criminal charge. My contention is that if a lawyer, during discovery, asks the police a question like "did you analyze the data" and they lie they'd face issues. So it looks like we're in agreement :)
- mg794613 8y ago
  You are in spirit in agreement, but I don't think he played on words. Just stating (how awful, personal opinion) how it is in the US.

smoe 8y ago

To my knowledge the police in Germany is not allowed to lie to you during interrogations in the sense you put it. https://dejure.org/gesetze/StPO/136a.html https://dejure.org/gesetze/StPO/136a.html According to this law, deception is a prohibited interrogation method. No idea how this is handled in practice and what the loopholes are. I have a vague memory of a confession in Switzerland being invalidated because of this, but can't find a source at the moment.