Police Interrogations That Violate Your Rights

Police interrogations can violate a person's rights and involve coercive techniques that may lead to false confessions, highlighting the importance of protecting individual rights and ensuring that interrogations are conducted within constitutional limits

Questions to inspire discussion

Right to Silence

🤐 Q: What is the fundamental right to silence in Canada?
A: The right to remain silent when questioned by police is protected by Section 7 of the Charter, tied to the presumption of innocence and protection from self-incrimination.

🚗 Q: Are there exceptions to the right to silence?
A: You must provide information in specific scenarios like operating a vehicle, but generally don't have to answer police questions or provide identity.

🗣️ Q: Can police still question you if you assert your right to silence?
A: Yes, police can continue asking questions, bring you to the station, and provide your right to counsel, but you're not obligated to answer.

Police Tactics and Interrogation

🕵️ Q: What tactics can police use during questioning?
A: Police can use deceit and trickery within permitted bounds, but cannot provide information necessary for informed decision-making about answering questions.

🚫 Q: Should you lie to the police if you choose to speak?
A: No, lying can lead to further charges or negatively impact your case; the advice is to remain silent.

⏱️ Q: What is the "Reid Technique" used in police interrogations?
A: It's a 9-step process to elicit confessions, including positive confrontation, blame shifting, and minimizing denials, based on the assumption of guilt.

Right to Counsel

📞 Q: What is the threshold for waiving the right to counsel?
A: Waiver must be unequivocal; saying "I don't know what to do" is equivocal, while "I want to call a lawyer" is unequivocal.

🔍 Q: Can police delay providing right to counsel during a search warrant execution?
A: No, executing a search warrant is not an acceptable delay in providing the right to counsel.

🚨 Q: Are there any exceptions to immediate provision of right to counsel?
A: Only in urgent and dangerous circumstances can police delay complying with Section 10B of the Charter upon arrest or detention.

Legal Protections and Warnings

⚖️ Q: What is the "Prosper warning"?
A: It's required when an accused asserts right to counsel, then changes their mind; police must inform the detainee they still have the right to contact a lawyer.

🆓 Q: What is "duty counsel" and when is it available?
A: Duty counsel provides focused legal advice 24/7 through a 1-800 number for immediate assistance.

False Confessions and Wrongful Convictions

🧠 Q: Can false confessions occur even in serious cases?
A: Yes, 13-hour interviews in harsh conditions using aggressive questioning can lead to false confessions, even in homicide cases.

🔬 Q: What has the Innocence Project revealed about false confessions?
A: It has brought to light numerous high-profile cases where people were convicted based on false confessions and later found innocent.

Police Interrogation Techniques

🎭 Q: How do police try to get suspects to talk despite asserting right to silence?
A: They use techniques like relating to the accused, developing rapport, and asking about personal matters to encourage conversation.

🚩 Q: Why is the Reid Technique controversial?
A: It's a coercive method developed in the 1940s aimed at getting suspects to make incriminating statements, assuming guilt from the start.

Legal Advice and Protection

🛡️ Q: What's the primary advice given regarding police questioning?
A: The main advice is to remain silent, as the state has vast resources and you can't be forced to help in your own prosecution.

📚 Q: How can one protect themselves during police interrogation?
A: By understanding your rights, asserting the right to silence, and contacting a lawyer before answering any questions.

Key Insights

Legal Rights and Protections

🛡️ Canada's Charter of Rights and Freedoms enshrines the right to silence under Section 7, protecting against self-incrimination and upholding the principle of innocent until proven guilty.

🤐 The right to silence in Canada is absolute, preventing coercion during police questioning and ensuring no negative inference at trial for exercising this right.

📞 Under Section 10B of the Charter, detainees have the right to counsel, requiring police to inform them and provide a reasonable opportunity to contact a lawyer before eliciting evidence.

Interrogation Techniques and Risks

🕵️ The Reid Technique, developed in the 1940s, is a controversial three-phase interrogation method used to elicit confessions through aggressive questioning, deception, and trickery.

🧠 The Reid Technique's nine steps include positive confrontation, blame shifting, and minimizing denials, designed to wear down suspects and obtain confessions.

⚠️ Critics argue the Reid Technique can lead to false confessions, especially in cases involving prolonged interrogation, sleep deprivation, and psychological pressure.

Legal Precedents and Warnings

⚖️ The 1994 Prosper warning requires police to inform detainees of their ongoing right to contact a lawyer, aiming to prevent false confessions.

🚫 In R. v. Ordonio (2025), the Ontario Court of Appeal ruled that a 13-hour interrogation with sleep deprivation and food deprivation violated the right to counsel under Section 10(b).

Practical Advice for Suspects

🗣️ Individuals can assert their right to silence and call a lawyer for advice before continuing a police interview, even after questioning has begun.

🚨 The threshold for waiving the right to counsel in Canada is equivocal, meaning individuals must express uncertainty or doubt about waiving this right.

Limitations and Considerations

⏰ The right to counsel of choice is not unlimited, and police can impose time limits, but 24/7 duty counsel is available for immediate legal advice.

🔍 The Reid Technique's reliance on behavioral analysis to identify deception has been questioned, as studies show interrogators may not accurately detect truthful or deceptive suspects.

International Comparisons

🌍 Unlike Canada, the UK's approach to the right to silence is more precarious, as silence can be held against the accused in certain circumstances.

Ethical and Practical Implications

🤔 The Reid Technique assumes suspect guilt and aims to elicit a confession, though its creators claim to seek the truth.

🚷 Police can continue asking questions after a suspect asserts their right to silence, but individuals can still refuse to answer and seek legal counsel.

📚 Understanding police tactics, including the use of deceit within permissible bounds, is crucial for individuals to make informed decisions during questioning.

🔬 The 2025 Ontario Court of Appeal case R. v. Ordonio highlighted the unreliability of behavior-provoking questions in identifying deceptive suspects, potentially leading to false confessions.

#Justice

XMentions: @HabitatsDigital @NotOnRecord @NeubergerLaw @d2davison

Clips

• 00:00 💡 Police interrogations often involve tactics that can violate a person's rights, and individuals have a constitutional right to remain silent and seek counsel to protect themselves from manipulation and coercion.
  • A police officer is informally and casually handling a suspect's property, specifically a watch, during an interrogation.
  • When being questioned by police, there's a psychological urge to cooperate, but it's crucial to exercise your right to silence and counsel, as police are not your friends and will try to manipulate you.
  • Police interrogations often involve tactics that can violate a person's rights, as officers may prioritize eliciting a confession over allowing the individual to understand their accusations and provide a voluntary statement.
  • In Canada, individuals have a fundamental constitutional right to remain silent and not answer police questions, without drawing a negative inference at trial, and this right is protected under Section 7 of the Charter of Rights and Freedoms.
  • When stopped by police without a reason, you don't have to cooperate, but you may be required to provide basic identification such as your name and address.
  • When interacting with police, individuals have a right to remain silent and counsel, but exercising this right can have implications, and police tactics, including deceit and trickery, can pressure individuals into incriminating themselves.
• 14:20 💡 Police interrogations must be conducted within certain limits, including informing detainees of their right to counsel and not coercing statements, to ensure the statements are voluntary and admissible.
  • A statement is considered voluntary and admissible if made without coercion, threats, or undue influence, and the individual giving it has an operating mind, free from impairment by factors like mental illness or intoxication.
  • Police have latitude to use misinformation and deception during interrogations, but not to the extent that it undermines the voluntary nature of a statement.
  • In Canada, the right to counsel on detention or arrest, known as section 10b, means individuals have the right to retain and instruct counsel without delay and be informed of that right.
  • Police officers must inform detainees of their right to counsel, provide a reasonable opportunity to exercise that right, and refrain from eliciting evidence until counsel is contacted, except in urgent and dangerous circumstances.
  • Police are obliged to comply with reading rights immediately upon arrest or detention, subject to officer safety or other necessary limitations, not after a delay.
  • Police may delay connecting you with a lawyer during a search or arrest, but only for specific, reasonable purposes like officer safety or processing, not for tasks like completing paperwork, consulting with colleagues, or securing evidence.
• 21:15 💡 Police interrogations can violate a person's rights if they don't allow sufficient time to contact a lawyer or use coercive techniques, potentially leading to the exclusion of evidence obtained.
  • Police are not allowed to use executing a search warrant as an excuse to violate a person's right to privacy, and waiving the right to counsel requires a high threshold of clear and unequivocal language.
  • When detained, you have a right to counsel, but it's not unlimited and police may provide alternatives, such as a list of lawyers or a 1-800 number for duty counsel, if your preferred lawyer is unavailable.
  • If a detainee asserts their right to counsel and then changes their mind, police must administer a Prosper warning, informing them that they still have the right to contact a lawyer and that no statements can be taken until they have had a reasonable opportunity to do so.
  • Police interrogations can violate a person's rights if they don't allow sufficient time to contact a chosen lawyer or if certain coercive techniques are used, which can lead to the exclusion of evidence obtained.
  • Mr. Ordonio was convicted of first-degree murder for stabbing Teresa to death, with his confession during a 13-hour police interview being crucial to the prosecution's case.
  • This episode is sponsored by EasyDNS, a secure web hosting service that helps protect against online threats.
• 32:53 💡 Police interrogations can violate suspects' rights and lead to false confessions through coercive techniques, psychological manipulation, and exploitation of vulnerabilities.
  • A suspect was interrogated for 13 hours in a cold room, while being deprived of food and sleep, and subjected to the coercive Reed interrogation technique, which aims to elicit incriminating statements.
  • Police breached a suspect's Charter rights by questioning him before he had a chance to speak with a lawyer, and the Crown conceded this violation on appeal.
  • False confessions can occur due to psychological manipulation during oppressive interrogations, even when techniques used by skilled officers don't necessarily involve overt coercion.
  • Police can use various techniques, including building rapport and making the accused feel comfortable, to try to get them to talk during an interrogation, even if they've asserted their right to remain silent.
  • Police may use techniques like leaving a camera rolling to capture an accused person's incriminating behaviors or statements, even if they think they're alone.
  • The speaker describes a common reaction of individuals after being interrogated by police, expressing regret and self-doubt.
• 40:08 💡 Police interrogation techniques, such as the Reid method, can lead to false confessions and wrongful convictions, highlighting the importance of protecting individual rights.
  • Police interrogation techniques, such as the Reid method, can lead to false confessions by feeding suspects information that elicits corroborating evidence, highlighting the importance of protecting individual rights to prevent wrongful convictions.
  • A judge ruled that statements made by two accused individuals were involuntary due to police interrogation techniques, leading to their discharge, despite the statements being the core of the prosecution's case.
  • The Crown can bypass a preliminary hearing and recharge an individual with a crime, such as first-degree murder, by obtaining permission from the Attorney General and drafting an indictment directly to trial.
  • A trial judge ruled a statement admissible despite potential charter breaches, finding no violations beyond an initial issue and concluding the statement was voluntary after a "fresh start" following an improper interrogation technique.
  • Police interrogation techniques, such as RET, can lead to false confessions and are subject to scrutiny regarding their impact on the voluntariness of statements made during questioning.
  • The speaker wants to discuss the "read technique" in relation to police interrogations before moving on to other topics.
• 48:00 💡 Police interrogation techniques, such as the Reid Technique and RE method, aim to balance law enforcement objectives with suspect rights, but research shows they can be flawed and lead to questionable results.
  • The voluntariness rule in police interrogations aims to balance the rights of the accused to remain silent and against self-incrimination with the state's legitimate law enforcement objectives, requiring a contextual evaluation of circumstances to determine if a confession was voluntary.
  • The RE technique, developed by John Reed in the 1940s, is a 3-phase process used by law enforcement to evaluate a suspect's veracity without mechanical aids, and has been used in high-profile cases despite sometimes producing questionable results.
  • The Reid Technique is a three-phase interrogation process that involves a non-accusatory interview, followed by an accusatory monologue where the investigator presents justification for the suspect's behavior, assuming guilt and gradually making the suspect comfortable with telling the truth.
  • The Reed method of interrogation involves a two-stage process, starting with a factual analysis of the case and followed by a behavioral analysis interview that aims to identify truthful or deceptive behavior through specific questions and observed attitudes.
  • Research suggests that interrogators have difficulty accurately identifying liars and truth-tellers during the psychological evaluation phase of an interrogation.
  • Police interrogators often start interviews with a presumption of guilt, aiming to obtain a confession, and while rare, some officers may change their minds during the interview if presented with exculpatory evidence.
• 57:32 💡 Police interrogation techniques, such as manipulative tactics and the Reid technique, can be used to elicit confessions, potentially violating suspects' rights and leading to false confessions.
  • Police may use manipulative techniques, such as suggesting a suspect's only opportunity to speak or making them believe evidence and guilt are already established, to elicit a confession, which can be considered a rights violation.
  • Police interrogation techniques include giving suspects an opportunity to confess, shifting blame, developing justifying themes, minimizing denials, and using the suspect's own statements against them.
  • Police interrogators use a technique where they present themselves as friendly and sincere to gain a suspect's trust, making them more likely to listen and confess, with crying at this stage potentially indicating guilt.
  • Police interrogators use a technique of posing an alternative question, offering two guilt-implicating choices, and then securing a repeated admission of guilt, often documented in writing or through recording, to establish a suspect's culpability.
  • Police interrogators use tactics like the Reid technique, presenting only two guilt-implying options to worn-down suspects, implying they know the suspect is guilty.
  • The Reid technique, a method used in police interrogations, has been criticized for potentially leading to false confessions, as it assumes the suspect's guilt and aims to elicit a confession rather than uncover the truth.
• 01:05:10 💤 The podcast episode discusses police interrogations that violate rights, as hinted at in a lengthy and engaging conversation that apparently broke a record for duration.

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Duration: 1:03:42 

WatchUrl: https://www.youtube.com/watch?v=Q5RFWR_ATOg

Publication Date:2025-06-14T21:40:03Z

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