“You have the right to remain silent” is a common phrase in many television shows and movies that showcase interactions with the police. This is the start of what’s been deemed the Miranda rights after the case Miranda v. Arizona. That case went before the United States Supreme Court and sets the standard for relaying rights to people who are being questioned while in police custody.
Understanding the Miranda rights, which are rooted in the United States Constitution, is critical for anyone who’s interacting with police officers because they offer protection from self-incrimination. The specific rights are the right to remain silent and the right to have an attorney to represent them.
Miranda rights must be invoked
When the police officer reads a person their Miranda rights, the rights aren’t automatically invoked. Instead, the individual has to specifically say that they want their rights to go into effect. This can be done using a simple, concise statement. Some examples include:
- I want to remain silent
- I want to speak to my attorney
- I invoke my Miranda rights
It’s not enough to just be silent. A verbal or written invocation is necessary. Once that invocation is made, the police have to respect it. They can’t have new officers come in to continue questioning.
If police officers continue questioning after a person invokes their Miranda rights, the statements made may be suppressed in court. This means they can’t be used against the person.
It’s sometimes possible that Miranda rights violations will become part of a defense strategy. Working with someone familiar with these matters may be beneficial since they can determine if a violation occurred.