QUESTION
By law, aren't police officers supposed to show the evidence of my case?
Asked on Apr 18th, 2013 on Criminal Law - California
More details to this question:
A police officer questioned me about an investigation they are having and they said they have evidence that I did it. I asked to see the evidence but they just keep saying that they have it. By law, aren’t they supposed to show me the evidence?
11 ANSWERS
That police officer obviously had no evidence against you, he was just lying to you, fishing around for information. It's perfectly legal for police officers to lie to suspects in this way, and it's a very common practice. Do not speak to the police again unless you have an attorney with you.
Answered on Apr 23rd, 2013 at 2:33 PM
Michael J. Breczinski
Not while they are investigating.? When they said that was the time to stop talking to them.
Answered on Apr 23rd, 2013 at 12:33 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Not until you are charged with the crime. Then you or your attorney will get to see the evidence at your arraignment.
Answered on Apr 22nd, 2013 at 11:59 PM
James Edward Smith
You need an attorney to see it.
Answered on Apr 22nd, 2013 at 1:59 PM
Criminal Defense Attorney serving Bloomfield Hills, MI
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Law Offices of Marshall S. Tauber
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Not until formal charges are filed against you and then only upon request of your legal counsel pursuant to either a formal discovery request or through a Freedom of Information Act Request. During an investigation, where no charges have been authorized, the police do not have to show you anything.
Answered on Apr 22nd, 2013 at 1:58 PM
Federal Criminal Law Attorney serving Fresno, CA
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Mark A. Broughton, PC
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No, not until you are charged with a crime and go to court during the criminal proceedings. Cops employ this tactic to get you to make a statement that will incriminate you. For example, they will say they have your fingerprints or DNA on a piece of evidence even though they don't. Most people don't realize that cops are allowed to lie to a person they are questioning (even though we as citizens could be prosecuted if we make false statements to cops!) to get them to make an admission or a confession. As I have said many, many times, if you are going to be questioned by the police about an incident you may be involved, do not waive your rights; do not make any statements at all without an attorney present. Tell the officers that you are not going to make any statements without your lawyer and all questioning must cease (but, they are also slick at getting you to waive your rights). You may well save yourself from being arrested and charged with a criminal offense.
Answered on Apr 22nd, 2013 at 1:58 PM
The police are not required to show you any evidence. They are only investigators. Very often they tell you they have evidence to get you to confess. Most of the time it is a lie or they are bluffing. Sometimes they will show you evidence to frighten you into confessing.
Answered on Apr 22nd, 2013 at 1:58 PM
Car Accidents Attorney serving Milwaukee, WI
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Velez, Moreno & Vargas, LLC
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No, the police, when questioning a suspect during their investigation, are not required by law to show you the evidence.
Answered on Apr 22nd, 2013 at 1:57 PM
They're playing you for a fool. Don't you see that it's a set up? They would like you to forget that you have the right to remain silent, welcome you to the police station, and have you incriminate yourself.
Answered on Apr 22nd, 2013 at 1:57 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You should not be talking with the police who are planning on prosecuting you without an attorney. If they do determined to bring charges than it will be possible to discover the evidence which is in their possession. Your best bet is to get an attorney now and hopefully avoid charges altogether.
Answered on Apr 22nd, 2013 at 1:56 PM
During an investigation, the police are not required to show the suspect the evidence that they have. Often the police will lie about what evidence they have to try to get a confession or more information on the crime. This is a big reason to have your attorney with you at all interrogations or meetings with law enforcement.
Answered on Apr 22nd, 2013 at 1:56 PM