Before Miranda v. Arizona, police could question you for as long as they wanted without knowing your rights. That led to many false confessions because people didn’t understand those rights. Those rights include the right to remain silent and the right to have an attorney present at questioning.
Miranda v. Arizona is the 1967 United States Supreme Court case that determined that to use admissions against you; you would first have to be informed of your rights and then choose to waive those rights voluntarily. Police interrogated the defendant, Ernesto Miranda, who ultimately confessed to a crime, without advising him of his right to remain silent or an attorney.
The case changed criminal law and police procedures. Now, when an officer wants to interrogate a person, the suspect is ‘Mirandized,’ or read their 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 appointed for you.
Then, you’re asked if, knowing those rights, you waive them. The waiver cannot be implied or ambiguous. If you’re silent, if you say ‘huh?’ that isn’t clear enough to waive your rights.
To be interrogated, you must be in custody and be questioned with guilt-seeking questions. An officer can arrest you without having any questions for you, and being arrested doesn’t trigger a need for the reading of your Miranda rights. But if the officer is asking you where you’ve been, who you know, what is in your bag, that would be considered interrogation.
Some questions aren’t considered interrogation but investigation, and which type of question the officer was asking can become an issue in court. If an officer pulled you over, took your license, and asked where you were going or coming from, is that investigation or interrogation?
Law enforcement being required to read your Miranda rights in conjunction with simply speaking to you or detaining you is not a law, it’s a myth. Officers can talk to you with or without reading your rights. That is why, beyond providing an officer with your name, it is crucial to exercise your right to have your attorney present for any questioning.
If you need an attorney, MRD Lawyers is here to help you.