Anyone who has watched true crime television shows or movies based out of the United States has likely heard police officers telling someone that they have the right to remain silent. That right, along with having an attorney, are fundamental rights that are rooted in the U.S. Constitution.
These are known as the “Miranda rights” because the requirement for them to be read stems from Miranda v. Arizona, which is a case that went before the U.S. Supreme Court. In that opinion, the Court held that if you’re in police custody and the police want to question you, they must read you specific rights.
Miranda rights must be invoked
While police officers are required to read you those rights, they aren’t automatically invoked. Once they’re read, you have the option of continuing to talk to police officers or invoking them.
If you choose to invoke them, you have to clearly state that choice. This can mean making a simple statement, such as, “I invoke my Miranda rights.” Once you do that, the questioning has to stop, and you should remain silent. The invocation applies to all police officers, even ones who aren’t there when you make the statement. This prevents them from being able to call in new officers to resume questioning.
Compliance with Miranda rights invocations is a critical facet of criminal cases. When an invocation is ignored, any statements made could be suppressed, which means they can’t be used in the criminal case. Anyone who is facing that situation should work with someone who can assist them with crafting a defense strategy that includes the Miranda rights violation as part of it.
