Miranda Rights

Miranda Rights: What You Need to Know

You’ve probably heard the phrase “You have the right to remain silent” on TV crime shows and movies. But do you really know what your Miranda rights are and when the police have to read them to you?

Miranda rights come from a Supreme Court case in 1966 called Miranda v. Arizona. This case established that the police have to inform suspects of their constitutional rights before questioning them. This is to protect people’s Fifth Amendment right not to incriminate themselves.

What Are Your Miranda Rights?

There’s no one standard Miranda warning that police have to read you. But they usually say something like this:

• 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 appointed for you.

Let’s break down what each part means:

Right to Remain Silent

This means you don’t have to answer any questions the police ask you or make any statements. You can refuse to talk to them. In court, your silence can’t be used to suggest you’re guilty. But anything you do say can be used as evidence.

Right to an Attorney

You have the right to have an attorney present during any police questioning. The attorney is there to protect your rights and advise you. If you ask for an attorney, the police have to stop questioning you until you have one present.

Right to an Appointed Attorney

If you can’t afford an attorney, the court will appoint one for you free of charge. This usually happens after you’ve been arrested and made your first court appearance.

When Do the Police Have to Read You Your Rights?

Many people think the police have to read you your Miranda rights as soon as they arrest you. But that’s not quite right. Here’s when they’re required to give the Miranda warning:

• Before any custodial interrogation – when the police have you in custody and want to question you.
• Once you’re under arrest – before they can ask you any questions about the crime.
• After arrest if they want to question you further before taking you to booking.

Custodial interrogation means the questioning has to happen after the arrest, while you’re in police custody. If they question you before arresting you, they don’t have to Mirandize you yet. But anything you say can still be used in court if they do later arrest you.

Can the Police Question You Without Mirandizing You?

In some cases, yes. As long as you’re not in police custody, they can question you without reading you your rights. For example:

• During a traffic stop – they can ask basic questions about your license, registration, where you’re going, etc. without Mirandizing you.
• During a Terry stop – this is a brief detention if the police have reasonable suspicion. They can ask you questions without reading Miranda rights.
• Before you’re under arrest at the scene of a crime – they can ask basic questions about what happened before taking you into custody.

But once the questioning becomes custodial interrogation, that’s when they have to read you your Miranda rights. Refusing to talk to the police can’t be used against you in court. But giving false information during questioning can open you up to additional charges.

Can the Police Still Question You After You Invoke Your Rights?

If you invoke your right to remain silent or ask for an attorney, the police are supposed to stop questioning you immediately. But that doesn’t always happen in real life. Some may keep trying to get you to talk.

Legally, they can return and ask you questions later if they re-read you your Miranda rights. For example, they may question you again after you’ve met with your attorney. As long as they remind you of your rights, your previous invocation won’t prevent them from asking you questions later.

They also can’t use your previous refusal to talk as evidence against you. The key is that you have to re-invoke your rights each time they try to question you again.

What Happens if the Police Don’t Read You Your Rights?

If the police fail to Mirandize you, then any confession or statements you make may not be allowed as evidence in court. This is called the exclusionary rule.

But your statements might still be admissible if the police can prove the statements were voluntary and not coerced. The court then looks at the totality of the circumstances to decide if your rights were knowingly waived.

There are also some exceptions where they don’t have to read you the Miranda warning:

• Public safety exception – if they need info about an imminent threat to public safety.
• Booking questions exception – basic questions to complete paperwork during booking.
• Undercover operations – if an undercover officer questions you without revealing they’re an officer.

Should You Talk to the Police If You’re Arrested?

In most cases, legal experts recommend invoking your right to remain silent. Don’t try talking your way out of an arrest or make excuses. Anything you say can potentially be used against you later.

You may think you’re just having a friendly chat or trying to explain your side. But the police are gathering evidence during questioning. Don’t assume they’re on your side just because they’re friendly.

However, there may be cases where limited cooperation makes sense. For example, if you weren’t involved in the crime but have information that could help. Or if you want to quickly clear up a misunderstanding. But it’s smart to consult with a lawyer first if possible.

How to Invoke Your Miranda Rights

To invoke your right to silence, you simply need to tell the police you want to remain silent or that you do not want to answer any questions. There’s no magic wording required. Just clearly express your desire to invoke your rights.

To ask for a lawyer, tell the officer something like “I would like to speak to an attorney.” This tells them you won’t answer questions without your attorney present.

Remember you have to re-invoke your rights if they try to question you again later. So if they come back, tell them again you want to use your right to silence or have your lawyer present.

Your Miranda Rights Protect You

Knowing your Miranda rights is important if you ever find yourself questioned or arrested by police. These rights protect your Fifth Amendment privilege against self-incrimination. Don’t let officers pressure or trick you into giving up those rights.

The police aren’t always required to read you the Miranda warning. But you always have the right to remain silent. And anything you do say can be used in court. So in most cases, it’s smart to politely invoke your right to silence until you have legal counsel.

Understanding how Miranda rights work can help ensure police don’t violate your constitutional protections. Knowing what to say and not say if you’re detained or arrested is key. The more informed you are, the better you can protect your rights.

References

• Miranda v. Arizona
• Miranda Warning
• Exclusionary Rule
• Probable Cause for Arrest