People who are being questioned by police officers should know their rights, but it’s not always easy to think clearly under that type of stress. Because of this, anyone who’s being subjected to a custodial interrogation by police officers must be told their rights.
The rights police officers have to remind people about are known as the Miranda rights. This term stems from the 1966 case, Miranda v. Arizona, that went before the United States Supreme Court.
What rights must be included in the Miranda rights?
One of the primary rights contained in the Miranda rights is the right to remain silent. This is a reminder of the protection against self-incrimination that’s rooted in the Constitution. If a person is being questioned by police officers, they must know that they don’t have to divulge information that could be used against them in a court case.
The Miranda rights also remind a person that they have the right to have an attorney represent them. This includes the right to have someone represent them even if they can’t afford to pay.
Are these rights automatic?
Police officers have an obligation to remind people of their rights, but it’s up to the individual to invoke their rights. This has to be done clearly because simply remaining silent isn’t an option. If you’re in this position, some ways that you can say this include:
- I choose to remain silent.
- I invoke my Miranda rights.
- I need to speak to my attorney.
Once Miranda rights are invoked, it covers all police interrogation, even if the officer isn’t there when the rights are invoked. This means that officers can’t get new officers to come in to resume questioning.
Individuals who are facing criminal charges should remember that statements made after they invoke their rights are likely going to be able to be suppressed. Working with someone who can assist with this is beneficial.