Being interrogated by police officers when you’re in custody may seem like a situation that strips you of all your rights, but it’s not. Your constitutional rights still apply in those cases, so it’s critical that you know exactly what they are.
Once you’re in custody, the officers have to read you the Miranda rights before questioning you. These rights are rooted in the United States Constitution and are required because of Miranda v. Arizona, which was a case that went before the United States Supreme Court in 1966.
What’s included in the Miranda rights?
The Miranda rights are meant to stop you from incriminating yourself in a way that could be used against you in a criminal case. The specific rights include the right to remain silent and the right to consult with your attorney.
In order for the rights to go into effect in your case, you have to invoke them. This must be done in a clear manner that’s unambiguous. Statements such as “I invoke my Miranda rights” or “I wish to remain silent” clearly convey the invocation.
After you invoke your Miranda rights, the police officers must cease questioning. This includes all law enforcement officers, even if they weren’t there at the time of your invocation.
Defendants should learn about their defense strategies as early as possible in their case. There’s a chance that any evidence gathered after the invocation could be suppressed. Anyone facing this type of situation should ensure they seek the assistance of someone familiar with these cases.