People who are being detained or interrogated by police officers should be read their Miranda rights. These include very specific rights that are established by the Constitution and were upheld by the United States Supreme Court.
While everyone has these specific rights, they must be invoked. This must be done in a clear way that can’t be construed as anything else.
How can you invoke your Miranda rights?
You can invoke your rights by making specific statements. These may include these examples or similar wording.
- I want to speak to my attorney before speaking to police
- I invoke my Miranda rights
- I don’t wish to speak to police or answer any questions
It’s not enough to just be silent when you’re being questioned or detained. Merely being silent isn’t adequate enough to invoke those rights.
What happens once you invoke your Miranda rights?
Once you invoke your Miranda rights, police officers can’t question you any longer. This is a blanket invocation that applies to officers who are with you at the time, as well as all others. The officers can’t just call in people from another shift or department to resume questions.
After you invoke your Miranda rights, you shouldn’t say anything else to officers. Instead, speak with your legal representative so you can learn about your options and move forward with planning your defense strategy. Getting everything in order as early in the case as possible should reduce the chance that you’ll have used a rushed defense for the charges against you.