PA Court Confirms Cops Can Lie to Obtain Confessions
Posted in Constitutional Rights,Fifth Amendment on June 23, 2025
Cops Can Lie, Lawyers Cannot
While many people think that lawyers are dishonest and the liars in the court system, the truth is that the cops often lie to manipulate suspects into consenting to search or give confessions. I am NOT bashing the police, so if you are a police officer or friends or family with one, there is NO need to attack me. I am friends with many officers. I am simply stating that the law allows the police to lie.
Commonwealth v. Foster
In March of 2025, the Pennsylvania Supreme Court issued the Foster decision that affirmed the rule of law that cops are permitted to lie to suspects. In the case, Foster was a supect in a sexual assault investigation. The police had already obtained a search warrant to obtain Foster’s DNA evidence. Foster was invited by the police to appear at the police station for questioning. Foster could have declined the invite, but he did not do so and instead voluntarily went to the police station. The officer told Foster that Foster was not a suspect, which was clearly a lie.
Foster’s defense attorney later sought suppression of his statements and argued that based upon the totality of the circumstances that the statements were not voluntary. The basic gist of the argument was that the statement were not freely given because they were given upon the premise that Foster was not a suspect. How can a person make a voluntary decision to submit to questioning if they are provided with incorrect information intended to induce the statements.
Lies Do Not Automatically Make Statements Involuntary or Coerced
The Pennsylvania Supreme Court held that misrepresenting suspect status does not per se render a statement involuntary under the Fifth Amendment, so long as the overall context is voluntary. The court noted that the 20-minute interview was conversational and non-coercive; Foster used his phone; and Foster was free to leave. Based upon the totality of the circumstances, the Court ruled that Foster’s statements were voluntarily provided and were not the product of coercion or duress. The Court denied suppression of the statements.
⚖️ Key Legal Takeaways
Fifth Amendment voluntariness remains fact-intensive—deception is one factor, not controlling by itself.
Police misrepresentation of suspect status, absent coercion, does not automatically render statements involuntary.
Courts must evaluate the totality of circumstances—duration, setting, detainee’s condition, and interrogation tone.
Practical warning: suspects should remain aware that “you’re not a suspect” is not legally binding—and should consider their right to counsel before speaking.