In what circumstances will a police detective be found guilty of perverting the course of justice?

California, United States of America


The following excerpt is from People v. Flemming, A130683 (Cal. App. 2013):

crime. Nothing in the law precluded them from employing a certain level of trickery in their efforts to ascertain the truth. "The business of police detectives is investigation, and they may elicit incriminating information from a suspect by any legal means. '[A]lthough adversarial balance, or rough equality, may be the norm that dictates trial procedures, it has never been the norm that dictates the rules of investigation and gathering proof.' [Citation.]" (People v. Jones, supra, 17 Cal.4th at pp. 297-298. See also People v. Chutan (1999) 72 Cal.App.4th 1276, 1280 ["So long as a police officer's misrepresentations or omissions are not of a kind likely to produce a false confession, confessions prompted by deception are admissible . . . ."]; People v. Jones, supra, 17 Cal.4th at p. 299.)

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