People in the United States have very specific protections that are provided by the Constitution. One of these is protection against having to incriminate themselves, but not everyone is aware of this.
In 1966, the U.S. Supreme Court issued an opinion in Miranda v. Arizona that set the stage for what is known today as the Miranda rights. This requires police officers to inform individuals who are going to be custodially interrogated of their right to remain silent and their right to have legal representation.
What do the Miranda rights do?
When police officers read someone their rights, it’s up to the individual to invoke those rights. This is critical because if the Miranda rights aren’t invoked, anything the individual says can be used in the case against them.
Invoking Miranda rights is simple, but it must be done clearly. Statements, such as “I invoke my Miranda rights,” “I choose to remain silent,” or “I want to consult with my attorney,” are clear and unambiguous invocations. It’s important not to leave any question about your intention.
Once you invoke your Miranda rights, you shouldn’t make any further statements. Police officers must cease questioning, and this applies to all officers, even if they aren’t present when the Miranda rights invocation occurs. Continuing questioning is likely a clear rights violation that may lead to suppression of statements made starting from the point when you invoked your rights.
Constitutional rights can sometimes become central in defense strategies, but it’s unlikely that these violations will be the sole focal point of the strategy. If this is present in a case, working with someone who’s familiar with how to handle these situations may be beneficial.