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YOUR RIGHT TO REMAIN SILENT (Miranda Case)
Under the case of Miranda v. Arizona, the Supreme Court of the United States held that you have certain constitutional rights before you are questioned by police and are in custody.
The Rights:
- You have the Right to Remain Silent
- Anything you say can be used against you.
- You have the right to an attorney before and during any questioning.
- If you cannot afford an attorney, an attorney will be appointed for you before any questioning is done.
If you find yourself in a situation where you are being questioned by the police, you should contact the Public Defender’s Office before saying anything.
Lake County Public Defender Office: 707 263 -0133 or cell 707 264 9693.
You Have the Right to Stay Out of Jail, did you know that? If you want to learn more about your rights then follow along! Amendment IV – The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized
- Evidence level required – Zero
- Freedom to leave – yes
- ID required – no
- Legal search – plain sight or consensual
- Example: Officer knocks on door to ask if you saw anything
- Visible paraphernalia (Ziplocks, rolling papers, pipes)
- Evidence level required – Reasonable Articulable Suspicion
- Tools for B&E (Crowbar, slim jim, weapons)
- Profiling (Paper tag, DARE/Police decals, College attire, Gangster attire)
- Freedom to leave – no (approx. 15-20 minute max)
- ID required – not in 26 states (exception: you’re a driver)
- Example: Officer sees you wearing a ski mask at night.
- Arrest – Taken into police custody
- Evidence level required – Probable Cause or warrant
- Freedom to leave – no
- ID required – yes
- Legal search: frisk, plain sight, consensual, or warrant
- Example: Officer catches you breaking and entering
- Always be polite, respectful, and keep hands visible
- Reduce Exposure to Suspicion
- Crack door/window unless ordered to open fully
- Clarify it’s an order, a request is not an order.
- Keep questionable items out of plain sight:
- prescription bottles / medicine
- hookahs
- rolling papers
- measuring scale
- firearms/weapons
- Ask to leave often
- Omitting to ask = voluntarily staying
- Ask for cause
- Officers must articulate observed suspicions
- If requested to do anything, clarify you will if it’s “an order”
- Record or immediately write down your encounter
- **disclaimer: Audio and video recording laws differ state by state
- Report any violations of your rights
- Lie or give false documents
- Answer questions
- Give permission to a search without fully reading a warrant
- Argue, resist, run, or obstruct– even if your rights are being violated
- You may video and audio record police performing official duties in public.
- Confiscate, demand to view, or delete without a warrant. (recording)
- Interfere with the officers’ duty [ex. “stand back!” do so]
- Physically resist– if officer reaches for your device, do not resist, just report it
Refusing A Seach or to answer incriminating questions are not an admission of guilt. Example of recommended responses
- “Have you had anything to drink tonight?” ○ Best response: “Respectfully officer, I don’t have to answer that.”
- “Not answering is suspicious, why are you resisting?” ○ Best Answer: “I’m not resisting, respectfully, I don’t have to answer anything.”
- “If you have nothing to hide, you don’t mind if I look around.” ○ Best response: “I’m sorry Officer, but I don’t consent to searches.”
- “If you refuse a search, I’ll have to call a K-9 unit.” ○ Best response: “Officer, are you detaining me, or am I free to go?”
Do you HAVE to take it? No, you have the right to refuse, Be warned, refusal is an automatic, irreversible suspension of license (in every state) Blood tests are more accurate, and require a warrant, Breathalyzers are tuned to the “avg” person
False Positive Factors:
- Smaller people
- Small lung capacity
- Diabetes
- Acid Reflux (GERD)
- Low-Carb Diet
- Inhalers
- Fumes (ex. paint, Ethanol gas)
- Legal search – Agents may legally search anything without warrant
- The Supreme Court ruled random checkpoints for finding drugs are unconstitutional.
- “We cannot sanction stops justified only by the generalized and ever-present possibility that interrogation and inspection may reveal that any given motorist has committed some crime.”
- “Drug Checkpoint in 1 Mile” [sign] is a police trap, do NOT exit
- Common reasons for a traffic stop: Illegal U0Turns, Littering and Suspiciously exiting