I am sure you’ve heard the term Miranda Rights here and there, but you may not know exactly what they mean. Angie is our resident legal expert around here and whenever she explains a law to me, I always want to slap myself on the head and say,”Duh!” You’ll probably do the same thing after reading this post. Trust me.

You’ve heard a Miranda warning said time and time again in movies. Basically, Miranda Rights incorporate the 5th and 6th amendments and the police are required to remind you of them at the time of arrest (also known as the Miranda Warning.) The police officer tells you that you have the right to remain silent (5th Amendment) and the right to an attorney (6th Amendment.)

Police officers can be intimidating. Except for maybe him…

When you are pulled over and interacting with a non-Carl Winslow police official, your mind might go into panic mode. Officers will often subconsciously encourage you to speak by stating what he or she sees or describing the evidence that indicates you were doing something criminal. They’re not explicitly asking you questions, however. Therefore, a word of advice is to stay calm and know that you do not need to answer.

However, this does not mean you cannot state your name, provide your documentation and submit to a breath test. These three things do not fall under your Miranda rights.

Police officers are required to read or tell suspects of their Miranda rights. Additionally, they must get confirmation from the suspect that he or she understands their rights. Back in June, the Supreme Court passed Berghuis v Thompkins. This gives you the right to use your Miranda Rights even if the police officer has already begun interrogating you. This means that if you understand your Miranda rights and agree to questioning, you still have the right to stop answering questions mid-way through until you seek legal counsel.