Also known as: rights to remain silent · right-to-remain-silent · right to silence · Miranda right
Written by attorneys · grounded in primary & secondary sources — see below
A constitutional privilege protecting individuals from compelled self-incrimination. The privilege requires law enforcement to provide specific warnings before custodial interrogation and bars the use of silence or statements obtained without a valid waiver.
Ravi Reddy received Miranda warnings during stationhouse questioning about a fraud scheme. He remained silent for several minutes before answering one question about his role in the transactions. Prosecutors later sought to introduce his answer at trial.
Roland Rhodes was arrested and invoked his right to counsel during initial questioning about a theft. Officers stopped but returned the next day without providing counsel and resumed interrogation about the same offense. Rhodes made further statements during the resumed session.
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Riley Rivera invoked the right to counsel after arrest for assault. She consulted briefly with an attorney that evening. The next morning officers returned alone and questioned her again about the incident without counsel present.
Ronald Reed was taken into custody at the station and questioned for two hours about a robbery. Officers never advised him of his rights before obtaining his statements. The prosecution later offered those statements at trial.
Renee Rogers gave a statement during custodial interrogation after receiving warnings. Congress later passed a statute purporting to admit voluntary confessions without the warnings. Prosecutors relied on the statute to introduce her statement at trial.
Roberto Reyes refused to answer questions during a state probation hearing about prior criminal conduct. The state court held that the Fifth Amendment did not apply in state proceedings and compelled his testimony. Reyes was later prosecuted based on that testimony.
No. Silence alone does not invoke the right. The suspect must clearly and unambiguously assert the desire to remain silent.
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Police may resume after scrupulously honoring the invocation by waiting a significant period, giving fresh warnings, and limiting the new interview to a different offense.
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Police must cease all interrogation and may not reinitiate questioning about any offense until counsel is provided or the suspect reinitiates contact.
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Yes. The Fifth Amendment privilege is incorporated against the states through the Fourteenth Amendment.
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No. Such comment violates the Fifth Amendment by inviting the jury to draw an adverse inference from the exercise of the right to remain silent.
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…interrogated him in a police station for the purpose of obtaining a confession. The police did not effectively advise him of his right to remain silent or of his right to consult with his attorney. Rather, they confronted him with an alleged accomplice who accused him of having perpetrated a murder. When the defendant denied the accusation…