You have many rights in this great country of ours and one you need to always remember is your right to remain silent. Most people think that police have to read you your Miranda warnings before questioning a person. While police “should” read a person his/her Miranda warnings prior to questioning a person who has been arrested, it is becoming more and more prevalent that police will try to elicit an incriminating statement from a suspect before they Mirandize him/her. Police often hide behind the concept of “limited detention” in claiming Miranda rights were not required to be given because the person had not yet been placed under arrest
The Miranda Rights are based on an Arizona case involving Ernesto Miranda. You can see one of the Miranda Rights Cards signed by Mr. Miranda here. His case paved the way for the courts to give meaning to ”The Golden Rule”:
you should not talk to the police and you should immediately ask for a lawyer.
In Miranda v. State of Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694, (1966) the court found that the State could not use statements that result from
questioning while a person is in custody (under arrest) unless that person is first informed his/her right to remain silent, that any statement made may be used as evidence against him/her, and that he/she has a right to an attorney prior to questioning.
The Miranda case is historically significant because it safeguards some very personal constitutional rights. Remember, just because police question and you feel you are under arrest does not mean they have to advise you of your rights. Always remember: SILENCE IS GOLDEN and you have a right to talk to a lawyer before you agree to speak to police . You need to make it clear you are invoking your right to remain silent and that you want an attorney before you begin to answer any police questions. It’s is not legally sufficient to invoke these rights by refusing to answer questions or remaining silent. Berghuisv. Thompkins, 130 S.Ct. 2250, 176 L. Ed. 2d 1098 (2010) a recent US Supreme Court case specifically held that the right to remain silent must be clearly invoked- you cannot just remain silent or police can continue to ask questions.