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Miranda Rights: Invoking My Right to Remain Silent

Miranda rights are a topic that come up frequently on television, as well as here at FindLaw. Miranda rights are part of the constitutional protections that you are entitled to when dealing with police or government investigators.

Due to the decision in Berghuis v. Thompkins it is now clear that when arrested, one must unequivocally invoke their rights under Miranda. As we have discussed before, Miranda rights were articulated in the landmark U.S. Supreme Court case, Miranda v. Arizona.

Since Miranda was decided, police officers across the nation have been required, prior to beginning a custodial interrogation to say something like: "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed to you. Do you understand these rights as they have been read to you?"

So what does that mean for you? It means that every person who resides in the United States should be aware of the method by which they can invoke their constitutional right to remain silent and have an attorney present. You may hope or believe that you will never be in that situation, but it's always best to be prepared.

Miranda v. Arizona and the Fifth Amendment to the U.S. Constitution provides suspects with a number of significant rights when being questioned by law enforcement officers. For more information on Miranda rights and the Fifth Amendment, check out the related resources.

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