The 5th Amendment right against compelled self-incrimination protects people from being a witness against himself or herself. All statements made during custodial interrogations of a government agent or law enforcement cannot be used against the person without Miranda warnings.
Miranda rights of a person must be invoked immediately upon an arrest or once in custody. The Miranda warnings are:
Miranda warnings are required once the person is in custody and under interrogations by law enforcement.
Yes. Miranda rights only protect against incriminating oneself during custodial interrogation. All the police need to arrest someone is probable cause. The police are only required to read the Miranda rights when interrogating a suspect in police custody. The police are aware of when Miranda rights need to be read and many times will question a person without placing that person under arrest.
No. The police must advise a suspect of his Miranda rights only before beginning a custodial interrogation.
Routine Questioning: Routine questions to establish identity such as name, address, and social security number will not require a Miranda warning. Statements made before arrest and voluntary statements made after being arrested do not violate the Miranda rights as long as the police do not deliberately extract those statements.
Traffic Stops: Miranda warnings are not required during a traffic stop and a person cannot invoke his right to remain silent. Answers to police questions are required when drivers are stopped for traffic violations because of road safety. Refusal to supply information would cause driver to receive a more serious offense.
Police interrogation is to stop immediately upon exercising the right to remain silent or by requesting an attorney. The police may not return to question a person if he requests an attorney. However, the police use many techniques to get suspects to change their minds about remaining silent.
If you have been questioned by the police you should speak with a criminal defense lawyer immediately to learn more about your rights, your defenses, and the complicated legal system. A criminal defense attorney can help identify exactly what statements should be excluded from court and determine whether you have the ability to sue the police.
Last Modified: 03-01-2016 10:47 AM PSTLaw Library Disclaimer
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