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Your Miranda Rights

Interviewer: When doing a stop and an arrest, at what point do your Miranda rights offer protection? At what point don’t they protect what you say?

Implicit Custody

Ben: Your Miranda rights protect you soon as you’re in custody. However, that might not be at the time they put the handcuffs on you. It could be actually if you just feel, just have the physical sensation like you’re in custody.

If you’re surrounded by three officers and they all have guns on them and you have no way of getting away from them that could be implicit custody. Even if you make a statement at that time, you could be actually in custody even if you’re not handcuffed.

Self-Incrimination: You Are Not Legally Obligated to Provide any Information to a Police Officer

Interviewer: The best thing to do is not to offer any extra info and if possible not to offer any info at all times, is that right?

Ben: Yes. There’s no reason for self-incrimination. You are not obligated by law to tell the police anything.

You’re not obligated to do anything. You can keep your mouth totally shut and not say anything. You have the right to remain silent. You can tell them your name, obviously. There’s no reason not to, but besides that, you don’t have any obligation to tell them anything.

Some People are Confused about the Legality of the Miranda Rights

Interviewer: Do you have people saying, “They didn’t read me my Miranda rights. I just want to get the case thrown out.”?

Ben: Yes, but they don’t understand that having not been read your Miranda rights doesn’t get the whole case thrown out. It just might get a statement suppressed. That’s all Miranda has covers. The rights only cover making unlawful statements to the police.

Interviewer: Because you’re incriminating yourself, right?

Ben: Because you’re incriminating yourself, yes.