If they give you advice, even while trying to elicit a confession? It seems to me that some of the stuff they say borders on practice of law, and some citizens would not have any idea that the police weren’t advocating for them, notwithstanding Miranda.
Could A Police Officer Be Accused Of Practicing Law Without A License?
14
Dec
krolloha
December 14, 2009 at 1:32 pm
If they represent themselves as a lawyer and charge you for that advice sure otherwise no.
Daiv B
December 14, 2009 at 1:47 pm
You make a good point. Cops will use any tactic at their disposal to get a confession, including making promises they know they can’t keep; lying about the law, and so on.
I would guess you could file a complaint with the state bar and see where they take it. I would say you’d have to have pretty clear proof that the cop actually gave you legal advice. Then of course that begs the next question. If the cop gave you legal advice and you believe he or she was a lawyer, doesn’t that give rise to an attorney-client relationship such that any information the cop obtains as a result of that “consultation” would be considered privileged, and therefore inadmissible in court? It would be a sort-of “fruit of the poison tree” argument.
little78
December 14, 2009 at 2:24 pm
they represent themselves as a lawyer and charge you for that advice sure otherwise no