Scenario #1: a police officer speaks with you in public, seemingly randomly. Are you required to continue the conversation?
Scenario #2: you’ve been asked to “come in to answer a few questions.” You may decide to voluntarily speak with the police since you’re not involved in the investigation. Or are you?
Scenario #3: you’ve been arrested, and the police begin asking questions. Must you continue answering? What are the police interview rights?
In all three scenarios, you may stop the interview with the officer. You always have the constitutional right to an attorney before any interview with an officer, even if you haven’t read your Miranda rights.
Interview With an Officer: The Public Interaction
A police officer walks up to you in public to “ask you a few questions” about a crime, even if they are not accusing or arresting you. Your name and identification may be required. But since it’s not an arrest situation, the officer isn’t required to give you a Miranda warning.
The police must use facts to justify the interview, even if you’re not being arrested. However, if you continue to speak to the officer, anything you say can be used against you later, even though you were not notified that this interview would be “on the record.”
You can stop the interview with the officer by asking if you are being detained. If the answer is “no,” then you can end the interview and politely walk away. Leave peacefully to avoid raising the officer’s suspicions and face arrest.
Interview With an Officer: The Interview Request
If your interview with an officer is voluntary and not an arrest, the officer is not required to read your Miranda rights. You do have the right to an attorney, even if the officer refers to the interview as “informal.” You may ask if you are under arrest, or if you are free to leave.
If you decide to stop questioning, you can invoke your right to silence. At this point, you can request the presence of an attorney before answering any more questions. Should they continue to ask questions, invoke your right to remain silent, stay silent, and wait for an attorney.
During the interview with the officer, they may threaten to get a warrant or subpoena but may be unsuccessful. If they do threaten to get one, immediately consult an attorney. You’ll be required to comply with the warrant or subpoena, but you still have the right to avoid saying anything self-incriminating.
Interview With an Officer: The Arrest Interrogation
A formal arrest and interview with an officer requires police to read your Miranda rights. This tells you that you have the right to an attorney and the right to remain silent. If you’re under arrest, you can cut off the interview by saying two things:
- That you invoking your Fifth Amendment right to remain silent and will not answer any questions (or any more)
- That you want to speak to an attorney before answering any (or any more) questions
Now, the police are required to stop the interview until you have spoken to an attorney. Some police officers may continue asking questions or say you don’t need an attorney. At this point, it is up to you to remain silent, not converse with the officer(s) or answer any more questions, insist on the attorney if necessary, and wait for the attorney to arrive. Because anything you say to them will be used against you to prove their case in court.
Note that in police interview rights there is no law forbidding a police officer from lying to you for any reason. However, it is a crime for YOU to knowingly lie during any interaction with a law enforcement officer. Remaining silent, however, is not a crime, and you cannot be punished for refusing to answer questions without a lawyer.
WEST PALM BEACH CRIMINAL DEFENSE ATTORNEYS
After an arrest, it’s your responsibility to protect and defend yourself. The police are unconcerned with justice, only making arrests, and solving cases. We believe that you should consult with a criminal defense attorney anytime you are asked to speak to the police. Say nothing to them until you speak with us, even if you’re just “answering a few questions.”
If you or a loved one has been arrested or accused of a crime, contact the criminal defense team of Farkas & Crowley as soon as possible. We are available 24/7, whenever you need us. Call (561)-444-9529 or contact us online to schedule your consultation.
