Anyone who has watched a true crime show or police drama has likely heard officers reading a person their rights. These are known as the Miranda rights, grounded in the United States Constitution, and upheld by the United States Supreme Court in Miranda v. Arizona.
The fundamental rights contained in the Miranda rights include the right to remain silent to avoid self-incrimination and the right to consult with an attorney. One important point about these rights is that they aren’t automatically invoked. Instead, they must be clearly invoked when a person is in police custody and being interrogated.
How can a person invoke their rights?
Invoking the Miranda rights must be done in a clear manner that doesn’t leave any room for ambiguity. This can be done using a statement, such as:
- I choose not to speak to police officers
- I opt to invoke my Miranda rights
- I want to speak to my attorney
Once a person invokes their rights, the invocation applies universally. This means that the officers can’t just call in new officers to resume the process. Instead, they must respect the invocation and stop all questioning.
Evidence that’s collected in violation of an invocation of Miranda rights might be able to be suppressed as part of a comprehensive defense strategy. It’s critical that anyone in this position learns about this possibility and works with someone familiar with the criminal justice system to ensure they can present a defense strategy they feel is in their best interest.