How to Get Out of a Police Interrogation

You have no obligation to submit to police interrogation

The United States Constitution states that no person can be compelled to give evidence against himself. This constitutional protection means that no police officer can question a person without his permission. This "right to remain silent" is one of those enumerated by the case of Miranda v. Arizona, commonly known as your Miranda rights. A number of ways exist to invoke your Miranda rights or constitutional protections in order to get out of a police interrogation and stop all police questioning.

Instructions

You Have a Right to Remain Silent

1. 

   You have an absolute right to talk with an attorney.

   Invoke your right to remain silent. The Supreme Court has ruled on many occasions that someone being questioned by the police regarding criminal activity has an absolute right to refuse to answer questions. Thus, if a police officer asks you questions, you simply need to say "I am invoking my right to remain silent." That should stop all interrogation.

2. 

   If the police continue to interrogate you, you can ask to be brought before a judge

   Ask to speak with an attorney. In addition to protecting your right to remain silent, the United States Constitution also gives you the absolute right to speak with an attorney before any interrogation by a police officer. So, in order to stop a police interrogation, you can demand to speak with an attorney. If you are in custody, and if you are being charged with a crime, an attorney must be appointed to represent you even if you do not have funds to pay for an attorney. [Gideon v. Wainwright -- http://www.law.cornell.edu/supct/html/historics/USSC_CR_0372_0335_ZS.html ]

3. Continue to insist on speaking with an attorney and refuse to answer any questions. If you have invoked your right to remain silent, the police can return and ask you questions again after a reasonable amount of time has passed. However, if you request an attorney, all interrogation must immediately stop until you have had time to talk with an attorney. Therefore, the most effective way to get out of a police interrogation is to invoke your right to speak to an attorney.

Tips & Warnings

• Always be polite when you are being interrogated by police. Simply say plainly and clearly that you want to invoke your right to remain silent and if you are in custody, you want to speak with an attorney before responding to any questions. You need to be firm and repeat your request as often as needed.

• In 2010, the Supreme Court ruled that if 14 days or more have passed since you said you wanted to speak with an attorney, and you are no longer in custody, the police can return and ask you questions. To stop that interrogation, you would again have to again invoke your right to remain silent or your right to speak with an attorney.

References

• Findlaw: Miranda v. Arizona
• Justia: Edwards v. Arizona
• SCOTUSblog: Maryland v. Shatzer