Witness Against Himself

Every United States citizen has the right to remain silent and not to provide evidence against himself. It is law throughout the United States that the police may not question a suspect about a crime without advising the suspect of his right to remain silent. If a statement is taken from a suspect without that person first being advised of his rights, the defendant can move to have his statement suppressed as evidence at his trial. This can be accomplished through pre-trial motions and hearings.

Many people are under the misconception that the police must read a suspect his rights after he is arrested. The police are only obliged to read a suspect his rights if they intend to take a statement from the suspect.