If you are in police custody and they wish to interrogate you, they are required to read you the Miranda warnings, informing you of your right to remain silent. For instance, when arrested at a traffic stop for driving under the influence of alcohol or other drugs. Or when arrested at your home for domestic violence.
The right to remain silent protects you against self-incrimination. It helps to ensure you don’t say anything that can be used as an admission of guilt. However, does it mean not talking?
You need to speak to invoke the right
Simply staying quiet or shaking your head does not mean you have invoked your right to remain silent. You need to verbally state your choice and do so out loud. You can say, “I wish to remain silent,” or I am going to remain silent.”
Note that the police can require you to identify yourself, so you should identify yourself if asked, even if you intend to stay silent otherwise. Nonetheless, you don’t need to answer questions about where you are going, what you are doing and where you live.
After invoking your right to remain silent, the police are required to stop questioning you immediately. Continued questioning is a violation of your constitutional rights. If you continue talking after stating you wish to remain silent, the police may argue that you waived your right. Accordingly, any statement made after the waiver can be used against you in court.
How to invoke the right to remain silent is often misunderstood. Get more information about how to protect yourself when interacting with the police.
