Do i have the right to remain silent even if not arrested?

Sweetness 1

yes you most certainly do. You can be silent or not that is what you call freedom

Mark A

Yes, although most people lack the capacity

ms_ggirl

I choose to not answer this question.

Bill G

You do not have to be told of your right to remain silent until you are under a custodial arrest. Thus you cannot use the exclusionary rule to keep out of evidence statements you made prior to arrest.

That said, you have the right to keep silent before being arrested.

MrOrph

Yes, but it wouldn't be a "Miranda" right.

coan2007

Um Yes

ibsawdust

Yes , just say you would like to have your lawyer present before saying a word..

coragryph

shesmypunk is correct. Both 1st Amendment and 5th Amendment rights apply.

And to clear up a confusion, the Miranda decision didn't establish the right to remain silent. It set for the one possible minimum standard of what the police need to do to notify you of your rights.

There are certain questions you can be compelled to answer, --name address and so forth -- unless those would themselves be incriminatory. But in another situation, you can invoke your 5th Amendment rights if you believe your statements could be used against you.

Jody SweetG

you have the right to do anything you want.......as long as your not doing it to me

wayfaroutthere

Yes. Note that the 'right to remain silent' is protection against self-incrimination (you can't be forced to be a witness against yourself). This right has been extended to your spouse--you don't have to be a witness against your husband or wife either. Do note that you can give up those rights by talking with the police, and that those rights don't extend to other people. So if you witnessed a crime that didn't involve you or your spouse, you could be compelled to cooperate, answer questions, and so on.

MJ3000

Yes, and they can't keep you in jail unless they actually charge you with something. Though if you're guilty of something, I hope you fess up. If you're innocent, there shouldn't be any reason to keep quiet.

zippythejessi

Sure you do, but if you're only being questioned about a crime (as a witness, let's say.) it might make them start to cast suspicion on you.

xjmox14x

lol, it's called the 5th amendment.

Lloyd of London

Yes.

Newton

Yes. Maybe. yes Better than making talking that might annoy someone!

OC Boarder

Yep, see........................................

shesmypunk

the constitution says freedom of speech, that includes saying nothing.

jen

yeah i Guss so

Miss Galinda

If they arnt charging you with anything you dont have to say anything and you can leave.

cybersharque

Yes. Until you are served with a subpoena to compel your testimony...and at that point, either you receive immunity from prosecution, or your answer to the questions is a simple formula: "I decline to answer on the ground that I might tend to inciminate myself."

sirbobby98121

Mark A is right...

remain silent all damm day if you want...
some would prefer that you do.

Legally- write a note to a lawyer if you are in legal constraints.

The Reverend Soleil

You HAVE the right to remain silent.

What you lack is the capacity.

ism

I wish you could elaborate.

Yes, common police practice is to ask as many questions of a supect as possible before arresting someone, b/c some people laywer up when the here the Miranda warnings.

The police will even tell you, that you are not under arrest and that you are not even a suspect. And then bang the statements you made are used against you in court.

If you are driving you are required to produce Id. And you need to answer very basic questions the police ask, such as your name & address, if you are a minor parents phone number.

Bad Santa

yes

Yapha Kotto

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