Boston, MA criminal defense attorney Kevin J. Mahoney discusses how police lie to obtain evidencePolice lie to suspects, and they do so routinely. And, they have a legal right to do so. In Frazier v. Cupp, 394 U.S. 731, 739 (1969), the U.S. Supreme Court ruled that officers may lie to suspects in order to induce them into confessing. To justify this blatant manipulation, courts assume that an innocent person would not admit to a crime he did not commit.Examples of Police Officer … [Read more...]

Boston, Massachusetts Criminal Defense Attorney, Kevin J. Mahoney, Explains the Rules Governing Admissibility of a “Confession” In my experience as Massachusetts criminal defense attorney, most people know they have the right to remain silent during an encounter with the police. Nevertheless, most people choose to speak with the police anyway, usually because they are anxious to persuade the detectives of their innocence or fear the detectives will conclude that they are guilty if they refuse … [Read more...]

When is a “Voluntary” Confession Not Truly Voluntary?In my experience as a Boston criminal defense lawyer, most adults can recite the Miranda warnings (“You have the right to remain silent; anything you say can and will be used against you . . . You have the right to an attorney . . . .”). Once arrested, however, many of these same adults abandon their right to remain silent. Why? The answer often lies in the police tactics used to elicit a “voluntary” confession.“Totality of the Circumstances” … [Read more...]