You Always Have the Right to Remain Silent
By Melisha Daniels - March 23, 2021We've all seen it. First 48 - Immediately after the confession, as the suspect is being handcuffed "You have the right to remain silent, anything you say can and will be held against you in a court of law."
When the beat drops on Law & Order, "Your Honor, I would like to plead the 5th."What many people don't know is your 5th Amendment right against self-incrimination covers you before, during and after any interview or questioning by law enforcement and prior to an arrest.
In matters concerning the police, you always have the right to remain silent.
One of the advantages of being an United States citizen are the inalienable rights granted to us by the U.S. Constitution. Inalienable rights are rights that can't be taken away or denied by man or man-made laws.
One of these rights is your 5th Amendment right not to incriminate yourself in a criminal investigation or legal proceeding against you. This means, outside of any state identification laws and absent an indictment, you have the right to not speak with the police.
So why does First 48 last the whole hour? Well, normally people involved in criminal activity aren't very smart.
There is also the false assumption that your 5th Amendment rights do not apply until the Miranda warning is announced by police. Because this announcement is normally given as you are being cuffed and taken away, people mistakenly believe they have to answer questions until they are arrested and advised of their rights.
In truth, the landmark case of Miranda v. Arizona (1966) serves as a mandate to police to inform you of your 5th Amendment rights when they arrest you. The ruling also sets forth that any information obtained after a person has asserted their 5th Amendment rights is not admissible and will not be taken into consideration during court proceedings. In short, you always have the right to remain silent and any information obtained after you assert that right will not be allowed.
So what is stopping us from asserting our 5th Amendment Rights during police encounters? (Well, we normally die during the arrest phase. Shot dead in the street when reaching for our ID.) Besides death and fear of death, many of us are simply afraid to not comply with the police. Even if that compliance is to our own detriment. Some people falsely believe by asserting your 5th Amendment rights, your silence can used against you.
In a 2001 court case out of Ohio, Ohio v. Reiner, the Supreme court said the basic function of the 5th Amendment "is to protect innocent people who could be ensnared in ambiguous situations". Meaning, not every person who has been questioned, charged or convicted of a crime is guilty. And for those people, I write this article.
This article is for informational purposes only and does not contain, suggest or attempt to provide legal advice.
