In the event of your arrest, you have a constitutional right to remain silent. Police officers are obligated to read Miranda warnings, which inform you of your rights, when there is a custodial interrogation. “Custody” means that you are unable to leave or otherwise terminate the encounter with the police. “Interrogation” refers to direct questions or their functional equivalent. If law enforcement seeks to question someone while he or she is in custody, Miranda warnings must be given.

Exercising your rights to silence and to have an attorney present during questioning cannot be used against you in court. Tell the officer you want a lawyer. Do not make any other statement to the officer or to anyone else in jail.

Assume that everything from the time of your arrest is recorded. Many police vehicles have the capability to either video record and/or audio record everything that occurs in the general vicinity of the vehicle. If the vehicle is equipped with a camera, it can be rotated and repositioned to focus on you in the back seat of the car while you are transported to jail.

Audio microphones are located both on the officer’s shirt or vest and inside his or her vehicle. The microphone in the back of the officer’s patrol car can pick up even a whisper. Remember: Remain silent even when you think you are alone. It is safe to assume that everything, from the time the police arrive at the scene until you are delivered to jail, is recorded.

Miranda Warnings

You have the right to…
Remain silent. Anything you say can and will be used against you in a court of law. Speak to an attorney and have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided to you at no cost.

These are YOUR rights… exercise them!