If you're asking, “What are my rights if police question me?” you're probably facing a high-stress situation or preparing for one. Knowing your rights during police questioning or interrogation can protect you from self-incrimination and ensure you're treated lawfully. The best way to protect yourself and preserve your rights is to know your rights beforehand. This is especially true when being questioned by law enforcement officials.
At Sullivan Law Office, PLLC in North Idaho, our practice focuses on criminal defense. All too often, by the time they come to us for advice and representation, our clients have made choices in their dealings with law enforcement that have jeopardized their rights or even their freedom. Here are some basics that Idaho residents should understand before they are faced with a difficult situation.
What Rights Do I Have When Police Question Me?
While you have to provide your license, registration, and insurance information to police during a legitimate traffic stop, in nearly every other situation that involves law enforcement, you have no obligation to say anything to the police. That’s not to say you should be hostile, but know that there is no need to volunteer any information, and that is true even if you witness a crime or are the victim. If you don’t want to talk, you don’t have to. In most situations, you shouldn’t talk unless and until you’ve consulted an attorney.
If you’ve seen any television shows about cops, you probably recall situations in which an officer says to someone who is being arrested:
You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?
These are called “Miranda Rights,” and the statement above is called a “Miranda Warning.” (The US Supreme Court established the requirement to read these rights in a case called Miranda v. Arizona.) Police don’t need to read you this warning just because they’re talking to you. The Miranda Warning only kicks in when two things are true:
- You are in police custody, and
- You are being interrogated (being asked questions likely to lead to incriminating answers).
Here’s the thing, though. Your rights are the same even if you have not been taken into custody, are not being interrogated, or are not a suspect. The Miranda warning requirement is a rule law enforcement officials must follow; it has nothing to do with when your rights apply. You always have those rights. If you're just having a casual conversation with police, you have the legal right to clam up.
Most officers know they can ask you questions all day without reading you the Miranda Warning, as long as they have made no move to arrest you. They can be pretty smart about getting as much information as possible by asking questions informally because they know that as soon as they get “official,” people are more likely to put their guard up. So what do these rights mean in real life?
What Is the Scope of Your Rights?
1. Right to Remain Silent
This right is precisely what it says: you don’t have to answer any police questions before or after an arrest. This right comes from the Constitution’s Fifth Amendment (part of the Bill of Rights), which enumerates every citizen’s right against self-incrimination. This right is the same everywhere in the U.S. If police begin to question you and you do not want to answer, you should simply say, “I am exercising my right to remain silent.”
2. Right to an Attorney
The Sixth Amendment establishes your right to “assistance of counsel.” If you are in custody and subject to an interrogation, you have the right to speak with a lawyer and have that lawyer present during questioning. Once you ask for an attorney, all questioning must stop until your lawyer is present. If you cannot afford a lawyer, then a public defender will be assigned to your case.
Again, you have to be clear and say, “I want to speak to an attorney.” Don’t be vague by saying something like “Maybe I should talk to someone.” If you don’t make it clear that you are invoking your right, law enforcement may continue to question you, and will be able to argue that you never invoked your rights.
3. Right to Stop Talking at Any Time
Even if you start answering questions, you can change your mind at any time and invoke your right to remain silent or ask for a lawyer. Again, do so by saying it in no uncertain terms.
What If Police Don’t Read You Your Rights?
In criminal defense terms, things get interesting any time the police fail to read the Miranda Warning when they are legally required to do so. If police have failed to read a suspect their Miranda rights when they should have, any statements made while in custody will be inadmissible in a court, even if that person admitted guilt. This doesn't automatically mean the case gets dismissed; it just means those statements must be excluded as evidence. Moreover, any evidence later gathered due to something said in an unlawful interrogation is inadmissible.
For example, suppose a suspect gets arrested and the police fail to provide the Miranda Warning. Under questioning, the suspect reveals where the weapon involved in the crime is located, and, as a result, the police find it when they otherwise wouldn’t have. In a trial, the police cannot use the weapon as evidence because they found it through information obtained in an unlawful interrogation.
Can Police Lie During Interrogation?
Yes, police can lie during an interrogation, and will often use tricks to obtain evidence or a confession, including lying and deception. They may say they have evidence when they don’t, claim that someone else has confessed to the crime, or reveal that a witness has ID’d someone as the guilty party. They are under no obligation to play it straight.
One reason it’s critical to have an attorney present during an interrogation is that an attorney will understand what’s really happening. Among our experienced attorneys at Sullivan Law are former law enforcement and former military members, and we have seen everything. You can count on us to stand between you and your interrogators, preventing you from getting confused or flustered.
Final Thoughts
Whether you are guilty or innocent, undergoing police questioning can be stressful, and that stress can lead you to say or do things that can adversely affect you. Some basic rules to keep in mind:
- Stay calm and respectful.
- Don’t try to “explain” your side without a lawyer.
- Clearly state you are invoking your rights, and then stick to your plan.
- Do not waive your rights just to “clear things up.”
Do not assume that being innocent makes it “okay” to talk. In some situations, people who think they are innocent will not realize that the conduct they engaged in may be unlawful, and they can confess to a potential crime unwittingly. Something as simple as giving a friend a ride can put you in legal trouble if your friend commits a crime at the location you drove him to. If Idaho police are questioning you or you are facing interrogation, talk to a qualified Idaho criminal defense attorney immediately to avoid taking a wrong step.
The criminal defense attorneys at Sullivan Law Office in Coeur d’Alene, Idaho, are available to assist individuals facing potential criminal charges or those involved in a criminal investigation, even if they are not suspects. If you find yourself facing police questioning or interrogation, you can inform them that you are invoking your rights to remain silent and to consult an attorney, and then contact Sullivan Law Office, PLLC right away. We can protect your rights and interests when facing a legal system and law enforcement establishment with virtually unlimited resources arrayed against you. Know your rights, and protect them.
The information above provides general legal information and is not intended as legal advice for any specific person or situation.