Examples of Good Cop Behavior – Manipulative, but OK?
The Gist of this Article: The “Good Cop / Bad Cop” technique often used by police has limitations, but this article lists out certain examples of such behavior that were found permissible and illegal, so it is good to know examples of such conduct that define the limitations of this common technique if one is trying to suppress a confession given in response to a good or bad cop’s comments.
2. A detective telling the suspect he needed more cooperation by telling a suspect that he “wanted the record to show defendant’s degree of cooperation was too brief and insubstantial." This was not found by a judge to be an illegal inducement or some type of promise of a benefit for more cooperation. People v. Musselwhite (1998) 17 Cal.4th 1216, 1237.
3. Promising food and a soda to a suspect is not a sufficient inducement for the suspect’s statement to be involuntary. People v. Hernandez (1988) 204 Cal.App.3d 639, 650.
4. Promising to request that the suspect be afforded protective custody housing was not enough of a promise to be considered an illegal inducement for the suspect’s statement to thereafter be considered involuntary. People v. Massie (1998) 19 Cal.4th 550, 575.
5. A statement by police to the suspect that there’s “no death penalty here” did not make the defendant’s subsequent statement involuntary under the totality of the circumstances. People v. Benson (1990) 52 Cal.3d 754, 779.
6. A statement by the detective to the suspect that “We’re talking about a death penalty case here” and suggesting that defendant might benefit from giving a truthful statement, if short statement of the crimes did not amount to an implied promise of leniency in exchange for a confession. People v. Holloway (2004) 33 Cal.4th 96, 112.
2. A police officer threatened a minor with the death penalty, called her a liar and promised leniency if she cooperated. People v. McClary (1977) 20 Cal.3d 218, 229, overruled on other grounds in People v. Cahill, supra, at n17;
3. Police officer threatened to inform the judge that the defendant was a liar. People v. Brommel (1961) 56 Cal.2d 629, 633, overruled on other grounds in People v. Cahill, supra, at n17;
4. Police officer promised a reward if the suspect gave a statement. People v. Trout (1960) 54 Cal.App.2d 576, 583; overruled on other grounds in People v. Cahill, supra, at n17;
5. Police officers promised defendant that they would “not charge him with anything,” he could have “his life,” and he could “go into the Marines” if he cooperated. People v. Perez (2016) 243 Cal.App.4th 863, 876;
6. Parole agent made statements that promised the defendant a more favorable parole report if he agreed to speak with detectives without counsel present. People v. Gonzalez (2012) 210 Cal.App.4th 875, 883; and
- Defendant’s Confession to Arson After Nine Hours of Police Questioning Is Admissible Despite No Miranda Warnings Because Defendant Always Free to Leave
- Detective Use of “False Choice” Interrogation Technique of Juvenile Ruled Coercive; Confession Ruled Involuntary and Juvenile Adjudication Reversed
- Confession Is Inadmissible When Probation Officer Promised Shorter Sentence If Probationer Waived Right to an Attorney.