Most people have heard someone being read their Miranda rights, even if it was only on a true crime show. These rights are based on the United States Constitution, but the term “Miranda rights” stems from a case that went before the United States Supreme Court in 1966, Miranda v. Arizona.
These rights must be provided to anyone who’s being interrogated in police custody. Once a person is told their rights, they must invoke them.
Invocation of Miranda rights
In order for the Miranda rights to go into effect, the individual being interrogated must invoke them. This must be done clearly. Saying something like, “I choose to remain silent” or “I need to speak to my attorney” is sufficient. Vague phrases like “Maybe I should be quiet” don’t have the same effect.
Once rights are clearly invoked, questioning must stop. This includes the law enforcement officers who are currently interrogating the individual, as well as anyone else they may want to call in to speak to the person.
It’s important to know that once someone waives their rights and starts talking, they can still change their mind. They can re-invoke their right to remain silent or ask for an attorney at any time, and officers must then stop questioning immediately.
Consequences if rights aren’t respected
If law enforcement fails to provide the Miranda warning when required, or continues questioning after a suspect invokes their rights, any statements made during that time could be ruled inadmissible in court. This doesn’t automatically mean the charges get dropped, but it can severely weaken the prosecution’s case, especially if the confession was a key piece of evidence.
Defendants should ensure they work with someone familiar with these rights, particularly if something happened that would impact their case. These rights aren’t meant to just sound nice for people being interrogated. Instead, they’re fundamental protections that must be respected.
