In light of the information about the challenges of law, the challenge of lying “correctly” can be discussed. The lie in question is called permissible deception. It means that law enforcement can lie to a suspect if the answer wouldn't harm an innocent person or coerce one into making a false confession. Instead, the aim is to reveal the guilt of an offender.

Luring the suspect into falsely confessing to something he hasn't done isn't permissible. For example, an investigator can't tell a suspect that his child is in the hospital and that, upon confession, he'll be taken to this child who's barely clinging to life. Under these circumstances, many innocent people would confess for the chance to see a beloved child one last time. This type of lie is outside the parameters of legality and morality and won't hold up as permissible deception.

So what can the investigator say to elicit information? She can tell the suspect that his partner, spouse, girlfriend, or another person has given him up as the offender. This has been used so many times on cop shows you'd think it wouldn't work anymore, yet it does.

The investigator can allege that some evidence from his person was found at the scene or on the victim. This ruse wouldn't hurt an innocent person because nothing of his was actually found at the scene, but it may convince a guilty person to tell the truth. There are many other aspects of permissible deception, but these form the basic tenets.

Gaining Access to Information

Using a pretext or ruse has also been upheld in the courts for the purpose of gaining entry to an otherwise unavailable person or area. Pretending to be organizing a future class reunion, masquerading as a past coworker, or acting as a person who owes her money or wants to send a package are all permissible ruses for gaining access to the suspect and those around her. Other ruses are more questionable for the PI.

Not only should you carefully choose who you pretend to be, you must also be careful where you gain access using a ruse. Attempting to enter a private residence by pretending to be an inspector of some type, someone providing a free service such as cleaning carpets or giving an estimate for painting, or an employee from the alarm company checking an irregularity, be careful: This is an area that can get you into a lot of trouble.

Entering a private residence under these pretenses is not something most PIs will do. Not only is this considered a bit sleazy, but should you be found out, the subject can charge you with something you didn't do, such as stealing, breaking a valuable object, or even committing violence against him, his property, or his family. Using pretexts to talk to public employees or enter parts of public areas that aren't usually open to the public is somewhat different. The expectation of privacy in these places is not as great.

To avoid these problems, it's not necessary to pretend to be someone you're not. Instead, you can pretend to want something other than what you really want, or pretend to want the desired information for an entirely different reason. By doing this, you encourage the person to talk. When she's comfortable and answering freely, slip in your real questions.

One way to encourage people with information to talk is to scope them out and discover something you have in common. Does he work on cars? Does he like boats? Does he garden or golf? If you can't find anything you're knowledgeable about, discover what the subject is interested in and research it so you can speak intelligently with him. People love to discuss hobbies and interests, so use this knowledge. Then find a way to work in your questions.

Why Do Some People Fear the Legal Pretext?

Some people fear that officers or investigators cannot tell the difference between what is permissible and what isn't permissible. Others see it as a slippery slope; they fear that a person given permission to lie and deceive in one situation won't be able to prevent herself from doing it in other situations. Anyone who cannot separate these situations shouldn't work in law enforcement or private investigation.

The small percentage of those who abuse their discretion and power do so because they choose to, not because they don't comprehend the legalities, and certainly not because they can't stop themselves from falling down the slippery slope of deception in other areas of their work and personal lives. Officers deal with complicated legal decisions on a daily basis and are familiar with the necessity of making instant choices in difficult situations.