The Florida Legislature Rejects the Mandatory Recording of Police Interrogations

On December 8, 2007, I posted a blog entitled "Police Interrogations Should Always Be Tape Recorded."  Around that same time, an article appeared in the "Florida Defender" (a publication of the Florida Association of Criminal Defense Lawyers (FACDL)) which stated that FACDL had been trying for several years to get the Florida legislature to pass a law requiring the mandatory recording of police interrogations.  Finally, in 2006, FACDL's bill was calendared for hearing.  However, it was subsequently withdrawn from the calendar when more than twenty Florida sheriffs showed up in Tallahassee to speak against the bill.

In arguing for the mandatory recording of police interrogations, the author of the article (A. Russell Smith), concluded by stating:

"The FBI recommends that local law enforcement agencies record all felony interrogations.  More than 5,000 state and local jurisdictions now require felony interrogations to be recorded.  As best we can determine, no jurisdiction that has adopted a compulsory recording policy has ever rescinded that policy or abandoned the practice.  Sheriffs, police chiefs, prosecutors and judges in jurisdictions where recording is required uniformly praise it.  It is time for Florida to adopt the practice."

Are the Police Allowed to Lie to Get You to Confess?

The answer is yes, the police are allowed to lie to you to get you to confess.  The law in Florida is that the use of tricks or factual misstatements by the police do not by themselves make a confession involuntary. 

For instance, in one Florida Supreme Court case called Burch versus State of Florida, an individual accused of murder was questioned by the police for more than five hours.  During those several hours, the police presented false evidence to Mr. Burch in order to get him to confess.  He was also given a false polygraph test and then told that he had failed that test.  Eventually Burch confessed to the murder. 

Burch later tried to get his confession thrown out by arguing that the tricks used by the police were illegal and that such tricks caused him to confess involuntarily.

In rejecting Burch's argument, the Florida Supreme Court pointed out that Burch was fully advised of his Miranda rights, he never asked to leave the sheriff's office, he never asked for a lawyer, he never asked the police to stop questioning him, and he was not physically coerced by the police.

 

It is because of cases like this that I almost always advise people not to speak with the police but to instead have their lawyer do their talking for them.