Right to Remain Silent

Introduction

Whether a suspect is protected by his Fifth Amendment right to silence may become confusing and is often disputed after a confession is elicited. Miranda rights are typically very broad and non-offense specific, meaning that if an individual invokes his Fifth Amendment Miranda rights, the Miranda rights will apply to the individual regardless of the crime he invoked them for. For example, if a suspect asks for an attorney from one police officer, and is later interrogated without an attorney by a different police officer who was unaware the individual ever requested an attorney, any subsequent confession would be inadmissible. Similarly, if a suspect invoked his Miranda rights for questioning relating to a certain offense, confessions to a separate offense will also be inadmissible because, as stated above, Miranda rights are non-offense specific.

There are situations, however, where admissions will be admissible and not protected by the Fifth Amendment. Miranda rights will not protect an individual who initiates a conversation leading to incriminating information, which will be addressed in the Exception for Initiation section. Miranda right will also not apply if . . .

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Page last updated: 2/17/2007
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