Being questioned by police

What you can say

I am exercising my right to remain silent.

I want a lawyer.

Am I being detained, or am I free to leave?

You can say these whether or not you are under arrest. You can say them whether or not the officer has read you Miranda warnings. You do not have to wait to be told your rights before using them.

The law you are citing

Fifth Amendment (Bill of Rights, ratified 1791):

No person... shall be compelled in any criminal case to be a witness against himself...

Sixth Amendment (Bill of Rights, ratified 1791):

In all criminal prosecutions, the accused shall enjoy the right... to have the Assistance of Counsel for his defence.

The Fifth Amendment means the government cannot force you to say things that could be used to convict you of a crime. The Sixth Amendment means you have the right to a lawyer.

How to use the right to remain silent

Staying silent is not enough. You have to tell the officer you are using your right.

Say it clearly:

I am exercising my right to remain silent. I want a lawyer.

Then stop talking. Do not explain. Do not argue. Do not answer "just one more question."

Once you ask for a lawyer, police must stop questioning you until your lawyer is present. If they keep asking questions, your lawyer can challenge anything you say later.

What you do have to give them

• Your name, in some states. About half of U.S. states have "stop and identify" laws that require you to give your name if police have reason to suspect you of a crime. You can search "stop and identify law" plus your state.
• Driver's license, registration, and insurance, if you are driving.
• Your signature on a citation, if you receive one. Signing is not an admission of guilt; it is a promise to appear in court.

That is the list. You do not have to answer where you are going, where you came from, who you are with, what you do for a living, or whether you have ever been arrested.

If you are not under arrest

• Ask: "Am I being detained, or am I free to leave?"
• If the officer says you are free to leave, leave calmly.
• If the officer says you are being detained, you can still say: "I am exercising my right to remain silent. I want a lawyer."
• You do not have to agree to "come down to the station to talk." That is a request, not an order, unless you are under arrest.

If you are under arrest

• Say: "I am exercising my right to remain silent. I want a lawyer." Then stop talking.
• Do not try to explain your way out of it. Anything you say can be used against you.
• Do not lie to police. Lying to a federal officer is a separate crime.
• Wait for your lawyer. If you cannot afford one, one will be appointed for you. Ask: "I want a public defender."

Miranda warnings

You may have heard that police must read you your rights. This is only required if police want to use your statements as evidence in court and you are both:

1. In custody (not free to leave), and
2. Being questioned.

If police are just talking to you on the street and you are free to leave, they do not have to read Miranda warnings. Anything you volunteer can still be used. This is why the safest rule is to use your rights as soon as questioning starts, whether or not Miranda warnings have been read.