If you have watched any police shows, you are more than likely aware of the Miranda rights, also known as the Miranda warning. Contrary to what you see in shows, an officer does not need to read these rights during the arrest.
However, an officer must read them to the suspect before any questioning can begin. Although most people are aware of the aspects of the warning, they may not completely understand how it works if they are under arrest.
Components of the Miranda rights
According to the Cornell Law School Legal Information Institute, the four components of the rights include:
- The right to remain silent during questioning
- The right to legal counsel
- The right to an attorney even if unable to pay
- The right to have the attorney present for all interrogations
If a law enforcement officer does not read a suspect these rights, the judge may throw out any of the statements or evidence garnered from questioning.
Invoking or waiving the rights
FindLaw discusses the importance of suspects invoking the rights to gain full protection. This means clearly stating that they “invoke their right to remain silent” or “invoke their right to an attorney.” Not expressing this may result in an implied waiver, based on the behavior of the suspect, which could result in the suspect making self-incriminating statements.
If the suspect does choose to waive the Miranda rights, he or she can state out loud, or sign a statement, that refers to waiving the rights. However, whether suspects state the waiver, or the officers see it as an implied waiver, they can invoke the rights at any time, even after waiving them.