Anyone who’s watched true crime shows has likely heard a person being Mirandized. This means that a police officer has read the person in question their Miranda rights. These rights are based on a case that was heard by the United States Supreme Court. That case clarified that a person in police custody must be explicitly informed about their constitutional rights.
There are very specific rights that must be mentioned in a Miranda warning. They include the right to avoid self-incrimination by remaining silent, and speaking to an attorney before speaking to police officers.
Are Miranda rights automatically invoked?
A person who’s in police custody must invoke their Miranda rights explicitly if they want to avoid self-incrimination. This has to be done in a clear and concise manner. It’s not sufficient for a person to just remain silent. Instead, they need to make a statement. Some examples of what can be said include:
- I invoke my Miranda rights.
- I wish to remain silent.
- I want to speak to my attorney before speaking.
- I won’t answer questions until I consult with my legal counsel.
A person who invokes their Miranda rights should cease making statements. They can’t pick and choose what to answer. By remaining silent, there’s no question about whether they want to uphold their rights.
Once a person invokes their Miranda rights, police officers must stop questioning. The invocation is universal, so the officers who are interrogating a person can’t just call in new officers to continue questioning. Instead, the questioning must cease.
What happens if a person’s Miranda rights are violated?
If a person is in police custody and isn’t Mirandized or their invocation of the Miranda rights isn’t respected, the statements the person makes may not be admissible in court. Defendants who are planning a defense strategy should carefully consider whether that’s a concern they need to address with the court. Working with a legal representative who can help them to evaluate that possibility, as well as other options, can be beneficial.