<P> Outside the context of lawful detention or arrest , a person has no duty to answer any questions of the police . If judicial compulsion is sought by the State , the person can still invoke his or her Fifth Amendment right against compulsory self - incrimination , and refuse to testify if answers to questions posed are potentially self - incriminating . Only if granted immunity by the state , in a formal proceeding , from having any testimony or evidence derived from the testimony used against him or her , can a person be compelled to answer over an assertion of this right . If police detain ( or arrest ) a person , they must advise him or her that he or she has a right to remain silent , and the right to an attorney , among other rights . ( This is known as the Miranda warning . ) If the detained person invokes these rights , all interrogation must cease , and ordinarily nothing said by the defendant in violation of this rule may be admitted against him or her at trial . </P>
<P> Outside the context of lawful detention or arrest , a person has no duty to answer any questions of the police . If judicial compulsion is sought by the State , the person can still invoke his or her Fifth Amendment right against compulsory self - incrimination , and refuse to testify if answers to questions posed are potentially self - incriminating . Only if granted immunity by the state , in a formal proceeding , from having any testimony or evidence derived from the testimony used against him or her , can a person be compelled to answer over an assertion of this right . If police detain ( or arrest ) a person , they must advise him or her that he or she has a right to remain silent , and the right to an attorney , among other rights . ( This is known as the Miranda warning . ) If the detained person invokes these rights , all interrogation must cease , and ordinarily nothing said by the defendant in violation of this rule may be admitted against him or her at trial . </P>
when do you have the right to remain silent
when do you have the right to remain silent
a person has no duty to answer any questions of the police if answers to questions posed are potentially self - incriminating
a person has no duty to answer any questions of the police if answers to questions posed are potentially self - incriminating