Coppers+miranda rights?

El Scott

Your invocation of your right to remain silent can be brought up at trial but I really don't think anyone is going to look at it as some sort of smoking gun.

It is really rare that Miranda even comes into play during an arrest.

Liz O

Ha, no, they can't use it against you in court. But that doesn't mean that your refusal to talk won't spike their interest and suspicion in you to investigate further until they have hard concrete evidence.

CG-23 Sailor

The Supreme Court ruled that the government cannot punish a criminal defendant for exercising his right to silence, by allowing the prosecutor to ask the jury to draw an inference of guilt from the defendant's refusal to testify in his own defense. Griffin v. California, 380 U.S. 609

laughter_every_day

In the u.s., the Miranda rule is a rule of evidence at trial, not a rule concerning what cops can believe. If a cop wants to believe someone guilty because they do not talk, the cop is free to do so. When a case goes to trial, however, the jury will not here that the person refused to talk and if the defendant elects not to testify at trial, the jury will be instructed to draw no inferences from that silence.

robot_hooker5

"Coppers"? Who are you, Jimmy Cagney?

Raven

Sure, they can say that. Does it mean anything? Nope.

It isn't evidence against you. It isn't evidence at all. If you choose to not talk, it often seems suspicious. The "right to remain silent" goes back to the Fifth Amendment: "...nor shall be compelled in any criminal case to be a witness against himself..." which means that you don't have to talk when what you say would incriminate you.

If you were to go to trial, you certainly can choose not to testify. It is generally told to the jury that they are to not read into the fact that you chose not to take the stand. However, it does look strange to most people that you invoke a right that is supposed to protect you from having to admit you're guilty, if you're innocent. That's just human nature.

If the police were called to testify, and were asked what you said in interview, then the "coppers" would have to say that you did not make any statements. Period. Cops, just like anyone else (except "experts", which I'm not getting into here, lol) testifying in court are expected to answer questions with just facts, not opinions or suspicions.

mikeysco

No.

Zach

They can say you refused to talk. They would have to have some foundation to say you were trying to hide something in court. They can't say their opinion like that on their witness stand.

Enter Your Message or Comment

User Name:
User Email:
Post a comment: