Key Takeaways
- “Voluntary” doesn’t mean safe — anything you say in a police interview can be recorded and used as evidence, even if you are not under arrest.
- Miranda warnings may not apply, so you might not be told your rights before speaking, making it easier to unintentionally harm your case.
- You have the right to stay silent and request a lawyer — exercising that right early is often the safest move before answering any questions.
A police request to participate in an interview may sound innocuous. But despite assurances from law enforcement officers, you need to understand what is at stake before you agree to answer questions. Statements made during a voluntary police interview can become evidence in a criminal investigation and may later be used to support criminal charges.
Before agreeing to speak with law enforcement officers, understand your rights and the risks involved. An experienced criminal defense attorney can help you evaluate whether speaking with police is in your best interest. The Kansas City criminal defense attorneys of Joseph, Hollander & Craft are here to advise you.
What Is a “Voluntary” Interview With Police?
What police describe as a voluntary interview often takes place during the early stages of a criminal investigation. The officer will likely say:
- You are not under arrest: The officer wants to speak to you about something, but you are not under arrest.
- This interview is voluntary: The officer will likely affirmatively state that you are participating voluntarily.
- You can leave at any time: The officers will tell you that you can leave at any time.
- You can decline to answer questions: You don’t have to answer any questions.
Even if all of this is true, the presentation can be misleading. What the police mean is that they are not subjecting you to a custodial interrogation during which they are required to advise you of your Miranda rights:
- You have the right to remain silent.
- Anything you say can and will be used against you in a court of law.
- You have the right to an attorney.
- If you cannot afford an attorney, one will be provided for you.
Why Criminal Investigators Ask for Voluntary Interviews
Criminal investigations are a process of evidence-gathering and identifying suspects. Interviews serve an important function in achieving these goals. The police officers may ask a person to voluntarily participate in an interview because:
- They are building a case: The interview helps police gather evidence to build a case against you (and others) even if they cannot yet arrest you.
- They are testing theories of the case: Police may have a working theory of the case, including the interview subject’s role, and want to test it by asking questions.
The overarching purpose of the interview is to gather evidence to be used in a criminal case.
Do You Have to Talk to Police Officers if You Are Not Under Arrest?
No. The Fifth Amendment protects your right to remain silent during any interaction with law enforcement, including voluntary police questioning.
However, before an arrest, police officers are not required to advise you of this right. If you choose to speak rather than remain silent, your statements can be used against you in a criminal investigation and later in court.
Voluntary Interviews Involving Juveniles
Parents are often surprised to learn that law enforcement officers can question minors without parental consent or notice. Officers may even question a minor child at school.
However, while police are not prohibited from asking questions of juveniles suspected of involvement in criminal activity, that does not mean juveniles are required to answer the questions posed. Juveniles have the same constitutional protections that adults do, including the Fifth Amendment right to remain silent.
How Statements Made in Voluntary Interviews Can Become Evidence in a Case Against You
If you choose to speak with police officers, what you say can become evidence in a criminal investigation. Even in a voluntary police interview, your statements may be used to support criminal charges or challenge your credibility within the criminal justice system.
Before agreeing to answer questions, understand how these interviews are used:
- The interview will be documented: If you speak with investigators, the interaction is typically recorded by audio, video, or both. Officers also take notes. This creates a permanent record that can be used later.
- Your statements can be treated as admissions: What you say during police questioning may be interpreted as admissions of the crime under investigation, or you may inadvertently confess to the commission of another crime while trying to absolve yourself of liability for another.
- Inconsistencies can damage your credibility: If your account changes or conflicts with other evidence, prosecutors may use the interview to challenge your reliability. This can become a key issue if criminal charges are filed.
- Your statements can lead to additional evidence: Information you provide may help law enforcement officers identify witnesses, locate evidence, or expand the scope of their police investigation.
- Your statements may be presented in court: Prosecutors can introduce recordings, transcripts, and officer testimony to support their case. What begins as a voluntary interview can become a central part of the evidence used against you.
Given these risks, many people expect law enforcement to clearly advise them of their rights before questioning begins. In voluntary interviews, that assumption is often incorrect.
Why Miranda Warnings May Not Apply in Voluntary Interviews
Miranda v. Arizona is a cornerstone of the American legal system. This Supreme Court decision requires law enforcement to give suspects what is commonly known as the Miranda warning. This warning notifies individuals that:
- They have the right to remain silent
- Anything they say can be used against them in court
- They have the right to an attorney
- If they cannot afford an attorney, one will be appointed for them
The Miranda warning has its constitutional roots in the Fifth Amendment. However, most people misunderstand when Miranda warnings apply. These are the two scenarios that must be met before police have to issue the warning:
- The person is in custody (either under arrest or detained, meaning not free to leave)
- Police are interrogating or questioning the person in an effort to obtain incriminating information
When someone has not been arrested, there is no requirement to give a Miranda warning.
Common Investigative Techniques Used During Police Interviews
It is important to understand the techniques law enforcement officers use during voluntary interviews. Although these interactions are described as informal, they involve the same strategies used in a police interrogation. It is typically a structured effort to gather evidence or elicit confessions.
Investigators with police agencies are trained to guide questioning in ways that produce useful statements. They may use tactics such as:
- Building rapport with the subject: Officers often act friendly and conversational. The goal is to lower your guard so you are more likely to speak freely rather than exercise your right to remain silent.
- Downplaying the seriousness of the matter: Law enforcement may minimize the situation or withhold key details about the investigation. This can create a false sense of security and encourage you to answer questions you might otherwise decline.
- Asking open-ended questions: Investigators frequently invite you to “tell your side of the story.” These broad questions are designed to gather evidence while also evaluating your credibility within the larger police investigation.
- Rephrasing questions: Officers may ask the same question in different ways to identify inconsistencies or pressure you into providing additional details. These variations can be used to challenge your account later in the criminal justice system.
- Presenting you with evidence: Investigators may show you documents, statements, or other materials to influence your responses. Law enforcement officers are even permitted to misrepresent evidence as part of their questioning strategy.
- Good cop/bad cop: One officer may appear understanding while another takes a more aggressive tone. This approach is designed to build trust with one interviewer and encourage you to continue speaking without legal representation.
What to Do if Law Enforcement Requests an Interview
Take these steps if a police officer asks you for an interview:
- Ask whether you are free to leave: If you are free to leave, it’s a good idea to do so. If you are not, then you are probably in custody.
- Invoke your right to remain silent: Talking to the police without a lawyer is never a good idea, so inform the officer that you do not want to answer questions without an attorney present.
- Hire criminal defense attorney: Contact a criminal defense lawyer right away to discuss your situation, understand your risks, and determine what next steps will serve your best interests.
Speak With a Kansas City Criminal Defense Attorney Before Answering Questions
Speak with a lawyer before talking to the police. We can help. Connect with the Kansas City attorneys of Joseph, Hollander & Craft. Our firm also has offices in Overland Park, Lawrence, Topeka, and Wichita for your convenience. Let us help you protect your constitutional rights and interests in state or federal criminal proceedings.
Christopher (Chris) Joseph represents individuals and businesses during the investigation and prosecution of criminal charges in federal and state courts and in complex civil litigation. Chris leads the firm’s criminal defense, asset forfeiture, and judicial discipline practice groups. As JHC’s Managing Member, Chris embodies the firm’s motto: Ready for Anything.
