You’ve probably heard the phrase, “You have the right to remain silent,” on TV crime shows. That line comes from your Miranda rights. These rights protect you during police questioning, but they don’t apply in every situation.
Understanding your Miranda rights
The U.S. Supreme Court established Miranda rights in Miranda v. Arizona. These rights include your ability to stay silent and have an attorney during questioning. Police must inform you of these rights before they begin a custodial interrogation. If they skip this step, the court might reject your statements as evidence.
When police must read them
Miranda rights apply only when police place you in custody and begin asking questions. “Custody” means you cannot leave freely. When officers arrest you or detain you for questioning, they must read your rights before starting the interrogation. If you remain free to leave, they don’t have to inform you.
When they don’t apply
Officers don’t need to read Miranda rights during routine traffic stops or casual conversations. If you speak to them voluntarily and they haven’t detained you, the court can still accept your statements. If you offer information without being asked, those words may still count as evidence.
What happens if rights aren’t read
When police question you in custody without reading your rights, the court may block your statements from being used as evidence. The prosecution then loses that part of its case. However, the case continues with whatever other evidence exists.
When you understand how Miranda rights work, you can make smarter decisions during police encounters. If police place you in custody, you have no obligation to answer questions unless they inform you of your rights. Knowing this helps you avoid saying something that could hurt your defense.