Q&A

Can you sleep during a police interview?

Can you sleep during a police interview?

Given the increasing awareness of wrongful conviction cases in Canada and the role false confessions play in these cases, the lack of procedural protections for detainees is alarming and demands reform. [i] R v Oikle, 2000 SCC 33, at para 33.

Can you leave an interrogation at any time?

In the United States, usually yes. You are always free to shut up and not answer any more questions. In either case, they may decide that they have enough to arrest you.

Do you have to talk during an interrogation?

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. You cannot be punished for refusing to answer a question.

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Can you say nothing in an interrogation?

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. You cannot be punished for refusing to answer a question.

Can the police lie to you during an interrogation?

During an interrogation, police can lie and make false claims. For example, law enforcement can lie to a defendant and say their compatriot confessed when the person had not confessed. Police can also claim they have DNA evidence, such as fingerprints, linking the defendant to the crime even if no such evidence exists.

How much sleep do you need when detained?

The Codes state that the detained person must be allowed 8 hours uninterrupted sleep at a time when most people would normally be asleep. The Codes also state that a detained person should have regular breaks during questioning for food and drink.

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Does the Self-Incrimination Clause apply to police interrogation?

—Perhaps one reason the Court did not squarely confront the application of the Self-Incrimination Clause to police interrogation and the admissibility of confessions in federal courts was that, in McNabb v.

Can the police Hold you for 24 hours without charge?

Police procedurals like Law and Order have popularized the idea the police can hold you for 24 hours without charge, but that’s not a blanket rule. When you are being interrogated as a suspect in a crime but not under arrest, you are subject to investigative detention.