Police tell a man he has no right to remain silent – Lawyer disagrees
Author: Susan Murphy
Whenever a police officer has reasonable suspicion to detain or arrest someone, they automatically have the right to remain silent. In fact, these officers must read suspects their Miranda rights, or the resulting statements are likely off-limits in a trial.
So what if an officer not only fails to read you your Miranda rights but also boldly claims you have no right to remain silent? Fortunately, famous TikTok and YouTube star lawyer Ugo Lord answers this question.
The famous lawyer reacted to a viral video where two police officers detained a young black man. During their interaction, the man emphatically told the officers, “I’m not answering any questions.”
Naturally, when a suspect refuses to answer an officer’s question, the next phase is to respect their rights, arrest the individual, or let them go. However, that wasn’t the case for this young black man.
After telling the officers that he won’t answer any of their questions, one of them shockingly replies, “You don’t have the right to remain silent.”
Does the officer’s statement hold any validity?
Can they compel a suspect to answer a question against their will?
Ugo Lord educates his viewers to “Never forget that you have a constitutional right to remain silent. Only a judge can force you to answer a question”.
This legal tip is based on the U.S. Constitution’s Fifth Amendment, which states, “No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury…”.
It’s worth noting that there are exceptions, like in a hostage situation, preserving public safety, or a secretly taped conversation with the police. Nevertheless, the Fifth Amendment protects individuals from incriminating themselves in regular circumstances.
Therefore, the Miranda Warning informs suspects of their right to remain silent after arrest. A suspect can also unequivocally invoke the right to remain silent to gain protection, which the black man did in the viral video.
What happens if an officer violates someone’s Miranda rights?
According to multiple legal sources, a violation of Miranda rights occurs when the police fail to read the rights, disregard them, or say them incorrectly. The interrogation is botched in these cases, and any verbal utterance obtained cannot be used as evidence in a trial.
Naturally, the officer should cease asking questions once the individual invokes their 5th Amendment rights. However, if the officer violates that right and continues pressing for answers, they may be able to sue the police department for misconduct.
However, the possibility of pressing charges depends on the nature and extent of questioning, the harm suffered due to questions, the reason for the question, etc. Therefore, contacting a lawyer is best to handle the case entirely.
What happened after the clip?
While no one knows what happened to the parties in the video after the clip, Ugo Lord emphasizes that everyone has the right to remain silent and hire a lawyer. “So don’t fall for these little tricks!”.