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

Answer 1

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

Answer 2

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.

Answer 3

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.

Answer 4

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.

Answer 5

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.

Answer 6

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.

Answer 7

Um Yes

Answer 8

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."

Answer 9

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.

Answer 10

Yes.