Fifth Amendment - Rights of Persons

Amendment Text | Annotations

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation

When you are told you have the right to remain silent, people are referring to the 5th Amendment of the Constitution. You have the Right to Remain Silent, means no one can force you to talk to the police.

They can trick you:

"If you just tell us what happened, you can go home"

They can sound sympathetic:

"We just want to know what happened, and we can't help you, unless you tell us the truth"

They can lie to you:

"We have three witnesses that identified you"

But they cannot force you. This means it is up to you to just remain silent.

What happens when you are arrested or detained?

If you have been arrested or stopped by the police, you have the right to remain silent, but that doesn't mean the police have to read you your rights immediately. The police must advise you of your rights before they ask you questions. This means that anything you say before the police question you can and will be used against you in court. This means that you should not say anything to the police at anytime, other than giving them identifying information.

This is a version of what the police will say to you:

An investigation has been in which it is suspected that criminal activity has occurred. YOU ARE NOT UNDER ARREST, but before we ask you questions, you must understand your constitutional rights.

1. You have the right to remain silent
2. Anything you say can and will be used against you in court
3. You have the right to an attorney
4. If you cannot afford an attorney one will be provided for you.
5. You have the right not to answer questions without an attorney present.
6. If you chose to waive your rights, you have the right to stop talking to us at anytime.

You will be asked to answer the following questions by writing an answer next to the question and then signing.

1. Have you read or had to you read the warning as to your rights?
2. Do you understand these rights?
3. Do you wish to answer any questions?
4. Are you willing to answer any questions without having an attorney present?

Most people tend to answer yes to all the questions, and then begin answering questions. But really, the only question that should be answered with a "yes" is the first one: you have been warned of your rights. But do you really understand your rights? Have you read the case these rights are based on? Do you understand what the constitutional right to remain silent really means? Most people believe they understand their rights, but they really don't. It's best to be careful and say you don't understand, rather than saying you understand and then realizing when you speak with your lawyer that you don't.

What should your waiver card/sheet look like after you have gone through it

1. Have you read or had to you read the warning as to your rights? YES
2. Do you understand these rights? NO
3. Do you wish to answer any questions? NO
4. Are you willing to answer any questions without having an attorney present? NO

Then be respectful and go through the process. Don't curse, don't yell, don't fight, don't kick walls, or damage property.

This is a lot to remember when you are arrested. Cut out this card, sign it, and carry it with you. Make several copies so that you can always have one with you. Share them with your family member, so they can carry a card with them as well: