You probably know that you have a right to remain silent when you are arrested or detained by police. But exercising that right can be challenging.
Staying silent when interacting with police officers is difficult and often goes against our natural instincts. You may want to do just the opposite and tell the police your side of the story hoping they will let you go once they hear what you have to say.
Police officers in Florida sometimes count on this. But the more you talk, the more you build their case for them.
If they are questioning you, you might give them probable cause to make an arrest. If you are already under arrest, any statements you make could be used as evidence by the prosecution when building their case against you.
This is why it is important to know how to properly exercise your right to remain silent.
The right does not apply to all information
First, there is some information you will need to give police officers. This includes basic information such as your name, address and date of birth. They need this information to properly identify you.
After this, you should invoke your right to remain silent. This should end the questioning by police officers.
Be clear that you are invoking your right to remain silent. There should be no misunderstanding or confusion over what you are doing.
Simply staying silent does not mean you are protected. You must tell the police officers that you are invoking your right to remain silent.
Be careful not to waive your right
Do not start talking after you have invoked your right to remain silent. This could be seen as a waiver of the right. Additionally, do not answer some questions but not others.
The questions you answer can be used against you and you cannot use the fact that you did not answer other questions to suppress everything else you said.
Situations with police can be stressful and scary. If you do end up talking after you have invoked your right to remain silent, you could still potentially get the statements suppressed. However, it may be more challenging.