Should a law enforcement Officer place a Defendant under arrest, the Defendant should exercise their Fifth Amendment Right to remain silent.
1
The Officer is required to read the Miranda Rights to the Defendant
The Defendant should listen to the Rights carefully.
These rights are guaranteed to all persons under the Fifth Amendment to the United States Constitution. The Supreme Court addressed these rights in Miranda v. Arizona, 384 U.S. 436 (1966) and they have survived many challenges, most recently in Dickerson v. United States, 530 U.S. 428 (2000). These rights have been limited to "custodial interrogation," therefore, a statement made in police custody in response to a police inquiry is inadmissible unless the prosecution can show that the entire warning was given, and the defendant knowingly, intelligently and voluntarily waived these rights.
2
Following the reading of the rights, the police officer will inquire whether a defendant would like to waive these rights and answer some questions
While circumstances will differ in all cases, it is generally a good idea for a Defendant to assert their Fifth Amendment Rights and decline to answer any questions posed by police officers. A basic rule to remember is that police officers have been trained in interrogation techniques and are generally quite proficient in obtaining information that will assist the prosecution in preparing their cases against a defendant. An individual under the stress of arrest and potential incarceration may inadvertently make statements and representations that can seriously affect the outcome of a criminal case.
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