Using the Defendant’s Post-Custody but Pre-Miranda Silence Against Him

You're in custody, haven't been Mirandized, and aren't being questioned. Can the prosecutor introduce evidence of your silence in its case in chief?

Miranda: Claiming the Right to Counsel

A suspect in police custody agrees to an interview. He answers some of the officers’ questions, then says, “Maybe I should talk to a lawyer.” The officers ask the suspect whether he’s requesting a lawyer; the suspect says no. After a short break and the officers reminding the suspect of his rights,

Is post-arrest silence enough to stop police questioning?

You are in custody, are read your Miranda rights, and want to invoke your right to re

Can the government use suspects' post-arrest, pre-Miranda silence against them?

If the police arrest a suspect and don’t interrogate her, and if the suspect doesn’t say anything, can the government use her silence against her at trial?

Can a prosecutor use post-arrest, pre-Miranda silence to “impeach” a defendant?

You have the right to remain silent. You know you have this right, so after your arrest, even though the police haven’t yet read you your rights, you say nothing.

Can a prosecutor use post-arrest, post-Miranda silence to “impeach” a defendant?

Suppose two men, Pete and Brandon, illegally sell marijuana to undercover police officers. At their trials, both men claim that the officers framed them.

Criminal Arrests and Interrogations FAQ

Learn about your rights during police interrogations and arrests.