What Are My Rights Part 3

Many people do not know precisely what their rights are when it comes to encounters with law enforcement. What should you do if you are approached on the street? What if it’s in your car? What happens if you are arrested? In this final article we will discuss the third scenario, the unfortunate incident of being placed under arrest.

The first thing that an officer must do upon placing you under arrest is read you the Miranda warning (often mistakenly known as the Miranda rights). This warning is protection against self incrimination and comes from the 1966 case Miranda vs. Arizona in which a case was thrown out by the Supreme Court because the accused was not advised of his rights to remain silent or have an attorney present during his confession and therefore the confession was not able to be used as evidence.

As a result, all officers are required to recite the following upon placing an individual under arrest, “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney. If you cannot afford an attorney, one will be appointed to you. Do you understand these rights as they have been read to you?”

This will protect you from self incrimination. You also have the right to a phone call. The police cannot listen to a call to your lawyer but they can listen to a call to anyone else. You must be taken before a judge shortly after arrested, usually within 48 hours. Do not volunteer any information, and ask to see your laywer.