Many people have heard police officers read a person’s right to them in TV shows or movies. They may not realize that those rights are actually rooted in the U.S. Constitution and upheld by the U.S. Supreme Court.
In the case Miranda v. Arizona, the Court found that officers have to read specific rights to people who are being questioned while in custody. These are known as Miranda rights. The individual must be told, for example, that they have the right to remain silent and the right to be represented by an attorney.
Why are these rights important?
The right to remain silent stems from the Fifth Amendment, which gives people the right to avoid self-incrimination. The right to an attorney is based on the Sixth Amendment that guarantees an attorney for people who are facing criminal charges.
It’s important to remember that reading these rights is required, but the individual must invoke them to activate them. This means that clear statements, such as “I want my attorney” or “I chose to remain silent” are critical to invoke the rights. The statement doesn’t have to be lengthy, but it simply remaining silent doesn’t invoke the rights.
Invoking your right to remain silent and/or your right to have an attorney means that all questioning by authorities must stop. It’s important after invoking these rights not to say anything further until an attorney is present. This means that it’s not possible for the officers to call in more officers to resume questioning.
Miranda rights are important, but a police officer failing to read these or ignoring an invocation doesn’t necessarily mean that a case will be thrown out. Those factors can become part of the defense strategy, so defendants should get sound legal guidance.