It is 4:00 am and you are fast asleep. The loud knocks on the front door scare him into trying to wake up quickly. Go see who’s there. Two very serious men in shirts and ties show their badges in the peephole of the door. They are the police. Adrenaline rushes through your circulatory system, but you open the door and ask what’s wrong. They say they are investigating a crime in the neighborhood and ask you to drive to the police station to tell them what you might know about the crime.

You think, “Aren’t they supposed to read me my rights? I’ve seen it dozens of times on TV.” You do not know what to do. You don’t want to be rude. They are the authorities. It assumes you must comply with your request. Then ask if you can get dressed first. Then, hoping to make it easy for them, he waives his rights and does what he’s told to do.

The first thing to understand is that the law does not always require the police to give you your rights when they want you to talk to them. On Miranda v. Arizona, 384 US 436, 86 S.Ct. 1602, 16 L. Ed.2d 694 (1966), the United States Supreme Court decided the landmark case on when and under what circumstances the United States Constitution requires police to advise a suspect about the right to silence and the right to consult with an attorney before answering questions from the police.

The police are not always required to read to you your rights under the Miranda decision. When the police arrive at the scene of a crime and make an arrest but do not want to talk to the person, they will not read your rights. If the police stop you on the street and start questioning you and you volunteer to respond, this is called a consensual encounter. They don’t need to read your Miranda Rights. If they ask you to voluntarily go to the station and talk to them, even if it is recorded on tape, they do not need to give you your rights first under Miranda.

Does it sound strange to you? Well here is the two minute rundown Miranda. Basically, the Miranda The decision requires that whenever there is a custody questioning, the police must first inform the person of their Fifth Amendment rights to silence and to the attorney. If they do not read and obtain a valid waiver of those rights, the trial court will suppress the statement. That statement or confession will not be admitted as evidence at trial.

• Is the person in custody?

First, the court will determine if he was detained. That depends on a number of factors. Did the police tell you that you are under arrest? Did they handcuff him and put him in the police vehicle? Were you free to go or go? If you were taken to the station, did you drive yourself freely and voluntarily? If you spoke voluntarily, were you free to get up and leave at any time? Did the police’s questions focus on you as their only suspect? The answers to these and similar questions can be used to determine whether you were detained for the purpose of
Miranda. However, it is clear that a suspect could be in custody, but the police do not attempt to question him when he speaks and begins to confess to the crime. This is the following query under
Miranda.

• Is the person being questioned?

Second, the court must determine whether the police were questioning him. The word “interrogate” simply means “question.” Are the police asking the suspect questions while in custody? Of course, questions of personal background [i.e. name, address, date of birth, etc.] can be asked and answered without the need for
Miranda warnings. But any question that has to do with the facts or details of the crime and the circumstances surrounding it cannot be asked or answered until the police advise you of your constitutional rights.

Now, with this primer in mind, let’s take another look at the central theme of this article: “Come to Station House and talk to us.” How can you say no Miranda Warnings are required. The police ask you to come voluntarily. You might say, “No, I won’t go and get off my property.” You could go in and go back to bed. However, if you choose to voluntarily go with them, anything you say will be used as the basis for charging you with a crime and arresting you right then and there.

Look at it this way, you are not in custody. He has not been charged with any crime. The police have no probable cause to arrest him. They’re looking for something to hang your hat on to arrest you. They expect you to come to their Station where they are in control and they will make you speak. If the government has the full burden of proving a case against you beyond a reasonable doubt, then it must do so with evidence. [real evidence and testimony] in addition to your own words. If you choose to speak, you do so at your own risk. You have constitutional rights. You must affirm them or lose them.

• Remember this: Never, never talk to the police without a lawyer!

So when they come to call you and try to shake you up, just say, “No thanks!” Don’t go with them. Do not agree to leave your home and go to the police unless and until you are arrested. Always demand a lawyer. Be loud and clear. Keep demanding to speak to a lawyer until you get one. Never give a voluntary statement to the police without demanding that your attorney be present first.