# Keeping your mouth shut during police interrogations **URL:** \ **Category:** Factual Questions\ **Created:** [February 3, 2015, 2:21pm UTC](https://boards.straightdope.com/t/keeping-your-mouth-shut-during-police-interrogations/711706 "2015-02-03T14:21:48Z")\ **Posts on this page:** 9\ **Page:** 4
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [February 4, 2015, 1:00pm UTC](https://boards.straightdope.com/t/keeping-your-mouth-shut-during-police-interrogations/711706/61 "2015-02-04T13:00:58Z")
> [@Senegoid](#): > > I’ve asked several times, in earlier threads on this topic, and I haven’t felt like I ever got a clear answer: > > Given that I already know I don’t have to answer cops’ questions (during any kind of “interview” or “interrogation”, whatever you call it, consensual or custodial or otherwise), why do I need to care if they read me my Miranda rights or not, and why do I need a lawyer? Can’t I simply decline to talk? > > What happens if I decline to talk, but without having a lawyer? Can they then hold me for the legendary 48-hour non-stop tag-team interrogation, during which they will horribly coerce and badger me? Can they suddenly decide they have “cause” to search my car, whereby they will dismantle it into its constituent molecules? > > It’s been mentioned that if I request a lawyer, the interview _will_ come screeching to a halt at once. If I _don’t_ ask for a lawyer, but just tell them that I don’t care to talk, will that work as well, or will they keep hammering? Do I have to ask for a lawyer in order to get an interview to halt? > > What happens if I ask for a lawyer (thus bringing the interview to a halt), and then don’t bother to get one? If I am in custody, will they just keep me there while they wait patiently until I starve? > > My core question: Given that I know I don’t have to talk, do I _need_ a lawyer? If so, why? I can only say definitively what is the case in New Jersey since as I mentioned before some states have more stringent requirements than what federal precedent has set. Everyone does not get read Miranda. If you are a witness or victim there is no need. If at some point it appears you might become a suspect and your rights are not read the interview and any proceeds will get thrown out. If you state you do not want to speak the interview ends. No there can’t be a 48 hour non-stop interrogation after you assert your right to remain silent. No one can decide that they have cause to search your car. Probable cause has to be presented to a judge for a search warrant. Search warrants are a big pain in the ass and not as simple as it looks on TV. No they can’t hold you to wait for your lawyer unless they have enough to charge you with a crime. You will stay in custody until the normal course of events happens, you make bail, a judge releases you etc. If you get a lawyer later and wish to speak arrangements will be made. No one is sitting around waiting for you to get a lawyer. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [February 4, 2015, 2:09pm UTC](https://boards.straightdope.com/t/keeping-your-mouth-shut-during-police-interrogations/711706/62 "2015-02-04T14:09:32Z")
> [@AZRob](#): > > Cite? I ask because I’ve always been taught the two-prong test for the Miranda requirement is custody and interrogation (not “police dominated environment”.) The Miranda test is for determining whether a suspect must be Mirandized. It is closely but not directly related to the test for determining when a suspect is entitled to the assistance of counsel. The right to counsel may be triggered in situations where Miranda warnings are not yet required. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [February 4, 2015, 2:18pm UTC](https://boards.straightdope.com/t/keeping-your-mouth-shut-during-police-interrogations/711706/63 "2015-02-04T14:18:44Z")
Disregard my previous post. It’s gibberish. I haven’t had my coffee yet. > [@Senegoid](#): > > I’ve asked several times, in earlier threads on this topic, and I haven’t felt like I ever got a clear answer: > > Given that I already know I don’t have to answer cops’ questions (during any kind of “interview” or “interrogation”, whatever you call it, consensual or custodial or otherwise), why do I need to care if they read me my Miranda rights or not, and why do I need a lawyer? Can’t I simply decline to talk? > > What happens if I decline to talk, but without having a lawyer? Can they then hold me for the legendary 48-hour non-stop tag-team interrogation, during which they will horribly coerce and badger me? Can they suddenly decide they have “cause” to search my car, whereby they will dismantle it into its constituent molecules? > > It’s been mentioned that if I request a lawyer, the interview _will_ come screeching to a halt at once. If I _don’t_ ask for a lawyer, but just tell them that I don’t care to talk, will that work as well, or will they keep hammering? Do I have to ask for a lawyer in order to get an interview to halt? > > What happens if I ask for a lawyer (thus bringing the interview to a halt), and then don’t bother to get one? If I am in custody, will they just keep me there while they wait patiently until I starve? > > My core question: Given that I know I don’t have to talk, do I _need_ a lawyer? If so, why? I can give you clear answers. Well, I can clearly tell you what the federal Constitution requires. You may have more rights (but not less) under state or local law. Yes, you can decline to talk. You can invoke your Fifth Amendment right to silence at any time. You can no longer be questioned at that point _about the crime you were being questioned about_. However, the police can bring you back in (and yes, they can hold you, assuming probable cause exists) and ask you about _different_ crimes if you have been given new Miranda warnings. They can’t search your car willy-nilly. If you were in it when you were arrested, they could (probably) have searched it then as a “search incident to arrest.” If it was impounded, they can perform an inventory search to catalog and protect your belongings. They can’t tear the vehicle apart in either of those searches, though, at least not without a warrant. If you tell them you want a lawyer but you don’t get one, they can’t talk to you. Invoking your Fifth Amendment right to counsel (this exists independently of the Sixth Amendment right to counsel) is not like invoking your right to silence; they can’t talk to you again about _any_ crime until an attorney is present. The only exception is if you change your mind and tell them you are willing to speak without an attorney. ---
**Author:** ![Tom\_Tildrum](https://avatars.discourse-cdn.com/v4/letter/t/e95f7d/32.png) [@Tom\_Tildrum](https://boards.straightdope.com/u/Tom_Tildrum)\ **Post date:** [February 4, 2015, 4:13pm UTC](https://boards.straightdope.com/t/keeping-your-mouth-shut-during-police-interrogations/711706/64 "2015-02-04T16:13:03Z")
> [@Keeve](#): > > Agreed. But it can be used OUTSIDE of court. The fear is that even being silent might make one the focus of the investigation, so that even if the charges are dropped later, the next few hours or days could be hell. That’s certainly part of it. Suppose the police come to your door to say that your son never arrived at school that morning, and your response is to say that you will not open the door or answer questions. They may well decide that this means that you smacked him too hard this time, and that he’s lying against the radiator in the den, bleeding from his head, and they will respond accordingly. More broadly, though, most of us have people in our lives whom we care deeply about, and we may be willing to run some risk of self-incrimination in order to safeguard them from harm. In the example above, if you stand on your rights not to speak to the police such that they assemble a hostage team outside your house, then they won’t be out there actually looking for your son. They won’t know what he was wearing that morning or which route he usually walks to school. Or suppose you don’t inform the police that on the morning your mother went missing, she told you she was taking the bus out to the outlet mall, and she confided in you that she had stopped taking her seizure medication because it made her feel sluggish. She may die of exposure while the police are trying to figure out even where to look. Or what if it’s just the old neighbor lady in 2-E down the hall who’s in the hospital with a skull fracture – are you really going to refrain from telling the police that you saw the weird guy from 3-C coming out of her apartment with blood on his shirt and his shoes? Even if it’s just a matter of your own interest at stake, there may indeed be times when it would benefit you talk to the police. Suppose you just hit a bike messenger: If you don’t tell the police officer at the scene that the messenger was looking down at a clipboard when he shot out in front of you and not at the road, that clipboard might not get collected and put into evidence. Suppose another car just hit you: If you don’t tell the officer at the scene that you saw the other driver looking at his phone right before the collision, the report might get written up as “both parties equally at fault.” Obviously, these are unusual instances, but they’re hardly outlandish. My point is simply that anyone who says “never, ever talk to the police” is probably only thinking about the easy cases. ---
**Author:** ![AZRob](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/azrob/32/3003_2.png) [@AZRob](https://boards.straightdope.com/u/AZRob)\ **Post date:** [February 4, 2015, 8:36pm UTC](https://boards.straightdope.com/t/keeping-your-mouth-shut-during-police-interrogations/711706/65 "2015-02-04T20:36:35Z")
> [@Tom\_Tildrum](#): > > That’s certainly part of it. Suppose the police come to your door to say that your son never arrived at school that morning, and your response is to say that you will not open the door or answer questions. They may well decide that this means that you smacked him too hard this time, and that he’s lying against the radiator in the den, bleeding from his head, and they will respond accordingly. > > More broadly, though, most of us have people in our lives whom we care deeply about, and we may be willing to run some risk of self-incrimination in order to safeguard them from harm. In the example above, if you stand on your rights not to speak to the police such that they assemble a hostage team outside your house, then they won’t be out there actually looking for your son. They won’t know what he was wearing that morning or which route he usually walks to school. > > Or suppose you don’t inform the police that on the morning your mother went missing, she told you she was taking the bus out to the outlet mall, and she confided in you that she had stopped taking her seizure medication because it made her feel sluggish. She may die of exposure while the police are trying to figure out even where to look. > > Or what if it’s just the old neighbor lady in 2-E down the hall who’s in the hospital with a skull fracture – are you really going to refrain from telling the police that you saw the weird guy from 3-C coming out of her apartment with blood on his shirt and his shoes? > > Even if it’s just a matter of your own interest at stake, there may indeed be times when it would benefit you talk to the police. Suppose you just hit a bike messenger: If you don’t tell the police officer at the scene that the messenger was looking down at a clipboard when he shot out in front of you and not at the road, that clipboard might not get collected and put into evidence. Suppose another car just hit you: If you don’t tell the officer at the scene that you saw the other driver looking at his phone right before the collision, the report might get written up as “both parties equally at fault.” > > Obviously, these are unusual instances, but they’re hardly outlandish. My point is simply that anyone who says “never, ever talk to the police” is probably only thinking about the easy cases. Well said, Tom ---
**Author:** ![Si\_Amigo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/si_amigo/32/2877_2.png) [@Si\_Amigo](https://boards.straightdope.com/u/Si_Amigo)\ **Post date:** [February 4, 2015, 9:12pm UTC](https://boards.straightdope.com/t/keeping-your-mouth-shut-during-police-interrogations/711706/66 "2015-02-04T21:12:35Z")
> [@Tom\_Tildrum](#): > > That’s certainly part of it. Suppose the police come to your door to say that your son never arrived at school that morning, and your response is to say that you will not open the door or answer questions. They may well decide that this means that you smacked him too hard this time, and that he’s lying against the radiator in the den, bleeding from his head, and they will respond accordingly. > > More broadly, though, most of us have people in our lives whom we care deeply about, and we may be willing to run some risk of self-incrimination in order to safeguard them from harm. In the example above, if you stand on your rights not to speak to the police such that they assemble a hostage team outside your house, then they won’t be out there actually looking for your son. They won’t know what he was wearing that morning or which route he usually walks to school. > > Or suppose you don’t inform the police that on the morning your mother went missing, she told you she was taking the bus out to the outlet mall, and she confided in you that she had stopped taking her seizure medication because it made her feel sluggish. She may die of exposure while the police are trying to figure out even where to look. > > Or what if it’s just the old neighbor lady in 2-E down the hall who’s in the hospital with a skull fracture – are you really going to refrain from telling the police that you saw the weird guy from 3-C coming out of her apartment with blood on his shirt and his shoes? > > Even if it’s just a matter of your own interest at stake, there may indeed be times when it would benefit you talk to the police. Suppose you just hit a bike messenger: If you don’t tell the police officer at the scene that the messenger was looking down at a clipboard when he shot out in front of you and not at the road, that clipboard might not get collected and put into evidence. Suppose another car just hit you: If you don’t tell the officer at the scene that you saw the other driver looking at his phone right before the collision, the report might get written up as “both parties equally at fault.” > > Obviously, these are unusual instances, but they’re hardly outlandish. My point is simply that anyone who says “never, ever talk to the police” is probably only thinking about the easy cases. Exactly, this code of never talking to the police leads to further fear of the police and social breakdown. I got stabbed in the chest by my girlfriend, fought her off and told the police my entire story from the hospital bed. I wasn’t the least bit worried that I might be caught up in a domestic violence dispute, it was time to let the chips fall. Had I not spoken to the police then I would have been suspected of actively engaging in a fight, not fighting for my life and would have had to depend on street revenge (like many do and seem to prefer). There have been a few other instances as well, but I’ve always found that if I hadn’t done anything to be guilty about there was no reason not to talk to the police. Hell, sometimes it’s your civic duty to talk to the police. I understand that there are some bad cops out there, but I wouldn’t want to live my life in fear of the entire police force. Instead of having a rule of not talking to the police, perhaps the rule should be don’t be an asshole to the police. ---
**Author:** ![get\_lives](https://avatars.discourse-cdn.com/v4/letter/g/ecb155/32.png) [@get\_lives](https://boards.straightdope.com/u/get_lives)\ **Post date:** [February 4, 2015, 9:33pm UTC](https://boards.straightdope.com/t/keeping-your-mouth-shut-during-police-interrogations/711706/67 "2015-02-04T21:33:12Z")
> [@Si\_Amigo](#): > > Exactly, this code of never talking to the police leads to further fear of the police and social breakdown. I got stabbed in the chest by my girlfriend, fought her off and told the police my entire story from the hospital bed. I wasn’t the least bit worried that I might be caught up in a domestic violence dispute, it was time to let the chips fall. Had I not spoken to the police then I would have been suspected of actively engaging in a fight, not fighting for my life and would have had to depend on street revenge (like many do and seem to prefer). There have been a few other instances as well, but I’ve always found that if I hadn’t done anything to be guilty about there was no reason not to talk to the police. Hell, sometimes it’s your civic duty to talk to the police. > > I understand that there are some bad cops out there, but I wouldn’t want to live my life in fear of the entire police force. Instead of having a rule of not talking to the police, perhaps the rule should be don’t be an asshole to the police. Be nice to their faces. Then destroy their careers later, by saying the right words to the right people. That’s how you deal with police. Copping an attitude in person with them damages your ability to destroy their careers later. ---
**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\ **Post date:** [February 4, 2015, 10:00pm UTC](https://boards.straightdope.com/t/keeping-your-mouth-shut-during-police-interrogations/711706/68 "2015-02-04T22:00:09Z")
> [@get\_lives](#): > > Be nice to their faces. Then destroy their careers later, by saying the right words to the right people. That’s how you deal with police. Copping an attitude in person with them damages your ability to destroy their careers later. **Moderator Note** **get lives** , remarks like this are entirely inappropriate for GQ. No warning issued, but let’s refrain from professional jabs of this kind. Colibri General Questions Moderator ---
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [February 7, 2015, 12:28pm UTC](https://boards.straightdope.com/t/keeping-your-mouth-shut-during-police-interrogations/711706/69 "2015-02-07T12:28:55Z")
> [@Loach](#): > > Understand that rulings from SCOTUS are just a baseline. Individual states can have more stringent standards either based on state court precedent, statute or state attorney general guidelines. Here in my state any hint that a detective is offering a deal would get the interview and anything that came from the interview thrown out. Detectives or investigators can not make deals and can not falsely promise that they can. Agreed. But, you can make vague and illusory promises. “It would go easier for you if you talk to us.” “I’ll put in a good word to the prosecutor if you help us out.” Both are legitimate statements that make the suspect feel like you are promising them something, but in reality have not said anything. [Previous page](https://boards.straightdope.com/t/keeping-your-mouth-shut-during-police-interrogations/711706.md?page=3)