When people think of getting arrested, they might picture a scene straight out of a TV show, where the officer sternly recites, You have the right to remain silent . . .
This is part of the Miranda warning, a legal safeguard for individuals in police custody. As any Indiana criminal lawyer can tell you, however, Miranda rights aren’t as straightforward as TV would have you believe.
Understanding Miranda Rights
Miranda rights stem from the landmark 1966 Supreme Court case, Miranda v. Arizona. These rights are designed to protect an individual’s Fifth Amendment right against self-incrimination. Police are required to inform you of these rights when you are both in custody and being interrogated.
There’s a significant gray area, however, around what constitutes being “in custody.” Courts have not provided a clear-cut definition, leaving plenty of room for interpretation based on the specifics of each situation.
When You’re Not in Custody
Consider a scenario where an officer approaches you on the street and casually asks, What’s going on? or maybe, Do you have anything illegal on you? In this situation, you are not in police custody. This is a consensual encounter, and you’re free to leave at any time. Since you’re free to leave, the officer is not required to read you Miranda rights.
These casual interactions often lead individuals to volunteer incriminating information without realizing they have no obligation to answer. People needlessly confess to possession or active warrants, assuming they are under a formal investigation. In reality, they’re not.
Terry Stops: The Legal Gray Area
A Terry stop, named for the 1968 Supreme Court case Terry v. Ohio, allows police to stop and briefly detain a person based on reasonable suspicion of criminal activity. During these stops, officers may ask questions to confirm or dispel their suspicions. Crucially, even if you’re detained during a Terry stop, you’re not technically in custody, so no Miranda warning is required.
When Miranda Rights Are Required
Miranda rights come into play when an arrest has been made. An arrest typically involves being handcuffed or otherwise restrained and informed that you are under suspicion of a crime.
Once you’re in custody and officers begin to ask you questions, they must read you your Miranda rights if they intend to use your statements as evidence in court.
Even then, determining whether when or if a person was in custody isn’t always easy. Many factors may be considered, including if:
- you were read Miranda rights;
- you were handcuffed or otherwise restrained;
- you were informed you were a suspect in a crime;
- you were interrogated vigorously and without access to counsel;
- police suggested you should cooperate or implied adverse consequences for non-cooperation; and
- you were told you were free to leave or were held for an extended period.
Practical Advice: Protecting Your Rights
Given the complexities surrounding when Miranda rights apply, it’s important to know how to protect yourself in interactions with law enforcement. A simple and effective question to ask is, Am I free to leave? If the officer agrees, you can walk away. If the officer says no, you should assert your right to remain silent and request an attorney by pleading the Fifth.
If asked for identification after being told you aren’t free to leave, you should comply to avoid escalating the situation. Beyond providing identification, however, you are not required to answer any further questions without an Indiana criminal lawyer present.
Make the Right Call
In Indiana, police are not always required to read you Miranda rights. These rights are only mandatory when you are both in custody and subject to interrogation. Recognizing the nuances of different types of police encounters can help you protect your rights effectively. If you find yourself in a situation where your rights are in question, remember to ask if you are free to leave and, if not, to clearly state your desire to remain silent and speak with an Indiana criminal lawyer.
If you have further questions or find yourself facing criminal charges, don’t hesitate to reach out for legal assistance. The Marc Lopez Law Firm is here to help. Call us at 317-632-3642, and remember—always plead the 5th!
