You have rights when it comes to questioning by law enforcement. Get some practical information on those rights, including when and how to assert them. And, if you're looking for more information about the right to silence, especially as it relates to testimony, see The Privilege Against Self-Incrimination.
You've seen it time after time on shows and in the movies: Cops slapping the cuffs on a "perp" and reading them their rights. But does it always happen that way? And can your silence actually be used against you sometimes?
Many states have stop-and-identify laws. Under these laws, if a police officer reasonably suspects that someone has engaged in criminal activity, the officer can stop the person and ask for identification.
Movies and television shows commonly portray police officers arresting and handcuffing suspects, reading them their
Learn about your rights during police interrogations and arrests.
Many people believe that if they are arrested and not "read their rights," they can escape punishment. Not true.
Most of the time, when the police fail to follow the Miranda rule, the defendant's statements cannot be used against him or her at trial—but there are several exceptions.
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At Nolo, we prioritize quality and transparency because we know how important reliable legal information is to our readers. Our information is meticulously researched, regularly updated, and written in plain English by our experienced writers and editors. Learn more about our editorial standards.