You need to know your rights so you can exercise them appropriately. When interacting with the police, perhaps when stopped or during questioning, you can invoke your right to remain silent. However, this may not mean staying quiet.
Here is what you need to know:
Voice your choice to exercise this right loudly
You need to audibly inform the police that you wish to exercise your right to remain silent. You can say:
- “I’m invoking my right to remain silent”
- “I do not want to answer any questions without legal guidance”
- “I am exercising my Fifth Amendment right to remain silent”
Your statement should be clear – do not leave any room for doubt that may allow the police to continue questioning you.
You need to identify yourself
Despite exercising your right to remain silent, you need to identify yourself. If you are stopped because the police have reasonable suspicion that you may be drunk driving, provide your driver’s license, vehicle registration, and proof of insurance when requested.
If the police stop you while walking because they have reasonable suspicion that you are involved in criminal activity, you can identify yourself by providing your name, ID, or other identifying information.
Be respectful while remaining silent
After clearly and audibly stating you will be exercising your right to remain silent and identifying yourself, you should respectfully remain silent. The police may continue questioning you or use statements that might make you confront them. Regardless, stay calm and maintain a polite demeanor while paying attention to everything they do.
Your right to remain silent protects you from incriminating yourself. However, you need to know how to exercise it. Learn more about this right to ensure it protects you considerably.