If you ask a cop if they are a cop, do they have to tell you? - Joe Edwards, Attorney at Law (2024)

FAQs

If you ask a cop if they are a cop, do they have to tell you? - Joe Edwards, Attorney at Law? ›

As you can probably surmise by now, law enforcement officers have no legal duty to tell the truth when asked if they are, in fact, the law. Unfortunately, however, most people erroneously believe that police officers must tell you who they are if asked and thus find themselves in a situation much like Badger's.

Does an undercover police officer have to tell the truth if he's asked about his real identity? The short answer is no, he doesn't, but let's look at where this undying myth comes from along with some of the things that an undercover cop really can or can't do in the line of duty.

You have the constitutional right to talk to a lawyer before answering questions, whether or not the police tell you about that right. The lawyer's job is to protect your rights. Once you say that you want to talk to a lawyer, officers should stop asking you questions.

Do I have to answer questions asked by law enforcement officers? No. You have the constitutional right to remain silent. In general, you do not have to talk to law enforcement officers (or anyone else), even if you do not feel free to walk away from the officer, you are arrested, or you are in jail.

First, you should check to see if the officer knocks and announces their presence. You should also inspect the officer's uniform, which should include things like equipment and a police badge.

These rights include the right to remain silent, the right to an attorney, and the understanding that anything you say can and will be used against you. If the police fail to provide this crucial notification, it could impact the admissibility of statements made during the interrogation.

There should be no undercover investigation of any one person by any one agency for more than 24 hours without a court-approved warrant. Further, while undercover operations may involve business as well as cordial social relationships, they should not include intimate personal relationships.

Unless there is a state law or a agency policy requiring it, no the police do not have to tell you a thing about someone reporting you.

A quick search led to this "Do not detain order is a law enforcement's way of letting everyone know they are not interested in pursing any minor charges because the person is under investigation for bigger things or that the warrant is out of their jurisdiction."

Assembly Bill 2773, passed in 2022 by the state government and sponsored by Assemblymember Chris Holden, D-41, now requires an officer making a traffic stop to “state the reason for the stop before asking any questions” — and the reason also needs to be officially documented in any reports that officer makes.

What happens if you don't talk during police interrogation? ›

If you just keep your mouth shut and say nothing, the police can legally continue to question you, and if they do, you might eventually say something you later regret. (Somewhat ironically, the general rule is that you must speak up to claim your right to remain silent.)

For example, if they are taking a criminal activity report from you (let's say someone burglarized your home), and they'd like to call you at some point during the investigation, they will ask you for your phone number.

There is no one to call that will tell you if someone is undercover. You should not even attempt to figure it out. One hint that the person is undercover puts the person's life in danger whether they are undercover or not. Commit a major felony in their presence.

Pay attention to unusual behavior from individuals who seem out of place or exhibit consistent patterns of observation. Additionally, you might notice unfamiliar vehicles parked near your property for extended periods, potentially equipped with surveillance equipment.

Facial recognition technology has allowed police departments across the U.S. to compare the faces of criminal suspects against social media photos, driver's licenses and mug shots.

Federal agents are required to carry identification, and you have the right to verify their identity before speaking with them. You can ask to see their badge and identification card, and you can also ask for their name, agency, and contact information.

When you're scrutinizing a could-be cop in person, look out for short, neatly-groomed military hairstyles, heavy-duty boots, or baggy clothing with lots of pockets. An undercover cop might also attempt to win your trust or pump you for information in order to make progress on a case.

Lying to a police officer is usually a misdemeanor. However, if the false statement was made under oath, it can amount to perjury. This offense is a felony in California and in many other states.

Under the U.S. Attorney General's guidelines for Federal Bureau of Investigation (FBI) undercover operations, undercover agents may not engage in conduct that would violate federal, state, or local law unless the participation in such conduct is both justified and minimized.