What tactic may be legally permissible for obtaining a confession despite Miranda rights?

The tactic of using deception under the totality of circumstances test is legally permissible in certain situations when obtaining a confession, even under the constraints of Miranda rights. Law enforcement officers may employ deceptive tactics, such as misleading a suspect about the evidence against them or the consequences of their actions, as long as the overall circumstances indicate that such tactics do not coerce or create an involuntary confession.

The totality of circumstances test evaluates the environment of the interrogation, including the suspect's mental state, the length of the interrogation, and the methods used by law enforcement. If the deception does not undermine the voluntariness of the suspect's confession and is not significantly coercive, it may be deemed acceptable by the courts. This approach recognizes that certain psychological strategies can be part of an interrogation, as long as they respect the fundamental rights of the individual.

In this context, other options, such as intimidation, monetary incentives, or threats, would likely lead to confessions that are considered coerced and thus inadmissible in court. These tactics can violate a suspect's rights and undermine the legitimacy of the confessional process, while deception, when applied judiciously and ethically, may still align with legal standards.