Most people believe that fully cooperating with law enforcement is the easiest way to avoid a hassle. Naturally, if you've done nothing wrong it won't hurt you to cooperate, right? Unfortunately, nothing could be further from the truth.
Even if you have not committed any crime it's easy to fall into the "Section 1001 trap." For that reason, you should NEVER speak to ANY law enforcement officials without first consulting with an attorney.
The Section 1001 trap refers to the United States Code, Section 1001 which makes it illegal to lie to government agents. It is a favorite tool of prosecutors because it can be sprung on anyone, applied arbitrarily, and carries a stiff penalty. It's easy to inadvertently commit a felony; in fact, prosecutions purposely set targets up to do so.
Here is how the trap is set: Unexpectedly a government agent will show up and ask you questions about some previous activity of yours. In a panic, you deny things or maybe make up a story. If any part of what you told the agent is a lie, you may have just committed a felony! You don't have to be put under oath, you don't have to be informed of your rights, and most insidiously, you don't have to actually commit any other crime. In other words, with Section 1001, you can be charged with a felony for lying in the absence of any other criminal act. Just like with Martha Stewart, you can go to jail for lying about a crime no one has to prove you committed.
It's easy to panic and take a wrong step when confronted with accusations. The best way to answer any inquiry by any law enforcement agent is to say, "my attorney will contact you," and keep saying it. No denials or explanations are necessary or prudent. The Section 1001 trap is easy to fall into. Avoid it by being smart and calling an attorney as soon as you are questioned.
good stuff. never heard of this code before.
It's not illegal for the police to lie to you. They can tell you anything they want in order to get to comply with what they want. But it is illegal for you to lie to the police.
For a more comprehensive analysis of the application of Section 1001 See, http://library.findlaw.com/2004/May/11/147945.htmlAs always, "Silence is Golden"!
I never knew about this section 1001 before either. Now I know to always remember to say "my attorney will contact you." =)
I was unaware of such a law and find it quite interesting, if not unfair. Will be passing the info on to friends, as well as pointing them to your site.
This is sound advice. If I ever have the misfortune to be arrested, I now know to lawyer up asap and leave the talking to the lawyer.
I wonder how often this is invoked? Do the police ever threaten this in order to manipulate you into placating them?
A lawyer is always important, costly but the best option. Without them, you will do the wrong things, and not be able to win any case.
This is the first I've heard of Section 1001. It's really scary, how easily you can lost your liberty! There should really be a reform of this law.
Julie said: "It's really scary, how easily you can lost your liberty! There should really be a reform of this law."I don't see how this law infringes on any of the Constitutional rights. Don't lie to the government, in fact, don't lie in general.
It flies in the face of the basic concepts of freedom, like many of our laws. Under this law, I could be convicted of a felony if I told my friend Mac, who is a police officer, a joke."I just flew in from Cleveland and boy are my arms tired!""You're under arrest!"In this case an arrest should be made, but only for bad comedy.
Absolutely a good article. Cops should not be able to trap people like this. People should watch enough TV by now to know the best thing to do is shut up and enforce their right to a lawyer. A bad lawyer is better than no lawyer, and this lawyer seems to know what he is talking about.
I wonder how often this is invoked? Do the police ever threaten this in order to manipulate you into placating them?
I hadn't heard of this USC section before. It was very intersting and informative. I will try to never find myself in this predicament.