ya but the cop ask you questions when arrested. so why they say you can be quiet?

Answer 1

sparkle,

They inform all that are under arrest that they have the RIGHT to remain silent. It does not necessarily mean that those arrested will do so.

Answer 2

Jeremiah, don't be ridiculous in your notion that they don't even read you your rights. What YOU'RE saying is only a myth.

Law Enforcement officers are REQUIRED to read you your rights when you come under suspicion for something, which can happen before arrest and it doesn't necessarily mean you're under arrest. However, if you ARE placed under arrest, it IS required that they give you your rights.

This was ruled by the supreme court and backed by the US Constitution in the 5th and 6th Amendments. I suggest you brush up on your facts before you go and give horrible horrible answers.

Where I'm from, if someone is arrested, alot of times they will be read their rights upon arrest, when in booking they are read their rights again and sometimes asked to sign a piece of paper acknowleding that they have been read their rights and that they understand them.


As for the original question: the 5th Amendment states that you have the right to be free from self incrimination.. aka the "right to remain silent". The 8th Amendment states that you have the right to counsel (attorney). This means you're not required to give statements that could or would incriminate you in any way, at any point of the process.

Answer 3

You are not required to answer questions which are designed to help prosecute you, whether you are under arrest or not. It is covered under the Fifth Amendment of the Constitution of The United States of America: The "Self-Incrimination" clause of the 5th Amendment, "Bill of Rights".

When a person is placed under arrest, the Police are required, under Federal Law, to inform the arrestee of their "Miranda Rights", wherein the arrestee is told that they "Have the Right to remain Silent", among other rights ("any information which can be used against you WILL be used aganst you in a Court of Law..."). If the police fail to read you those rightas, you STILL have the right to not answer questions without first asking your attorney about them; anything you say at the time of your arrest will simply not be admissable in Court, since you were not Formally informed of your rights at the time of your arrest.

FYI, in many States you don't even have to submit to a vehicle search, under Federal Law, unless the Police have a warrant to search your vehicle. It is always a good idea to know your rights, according to your "Local" Laws.

While it may sometimes cost a bit of money to learn something, Knowledge of the Law can be Priceless.

Answer 4

IT is a warning / legal requirement . they do not always do this . BE SMART AND DO NOT MAKE STATEMENTS / WIAVE YOUR RIGHTS BY MAKING STATEMENTS

see dvd from library ... BUSTED a citizens guide to surviving police encounters. It is narrated by an ACLU guy . I thought it was a good example / easy to follow for a citizen. Every new driver should be required to see this in HS as part of drivers education.

Answer 5

Before they ask you the questions they tell you that you are answering them voluntarily. You don't have to answer questions until your lawyer is present, except to identify yourself. Many people do remain silent!

Answer 6

Police officers are allowed to ask anything they want. You don't have to answer if you are told that you have the right to remain silent.

Answer 7

Its called the Miranda Warning and it is telling you that you don't have to talk with the Police if you don't want to without your attorney present. Then the decision is yours to make.

Answer 8

Because you have the right not to answer any of their questions without an attorney present.

Answer 9

"You have the right to remain silent..."

THIS IS A HINT.

The only thing you should say after hearing this is:
"I want a lawyer."

Answer 10

You don't have to answer any of those questions. That's why they tell you that.