The right to remain silent is a Fifth Amendment protection that protects you from being forced to self-incriminate when interacting with law enforcement. Therefore, you cannot be forced to answer questions or provide evidence that could be used to convict you of a crime.
When you are in police custody and subject to interrogation, the police will read you your Miranda rights. The warning will inform you of your right to remain silent, that anything you say may be used as evidence against you in court, that you have the right to an attorney and that if you cannot afford an attorney, one will be provided for you.
Then, the officer will typically ask if you have understood those rights and whether you wish to speak to them.
So, how do you invoke the right to remain silent to stop questioning?
Clearly state you want to remain silent
State clearly and audibly that you are invoking your right to remain silent. You can say:
- “I’m invoking my right to remain silent.”
- “I’m exercising my right to remain silent. I want a lawyer.”
- “I am not answering any questions without a lawyer.”
- “I’m choosing to remain silent until I speak with an attorney.”
- “I am asserting my Fifth Amendment right to remain silent.”
Staying quiet or shaking your head does not invoke your right. You must state your decision. Also, avoid vague words, such as “think” or “maybe.” For example, “I think I need a lawyer” or “Maybe I shouldn’t say anything.” These statements are ambiguous – they are not explicit. Accordingly, the police might not stop questioning you.
Moreover, it helps to speak politely. Avoid getting angry or resisting physically. You can cooperate without self-incriminating.
It’s important to know how to invoke the right to remain silent correctly. Learn more about other ways to protect yourself when interacting with the police.