Miranda Rights in Tennessee: What You Should (and Shouldn’t) Say

The phrase “Miranda rights” is woven into the fabric of American pop culture. However, for many, the true meaning and implications remain mysterious. This is especially true when facing a stressful encounter with law enforcement in Tennessee.

Miranda v. Arizona (1966)

The cornerstone of Miranda rights lies in the landmark 1966 Supreme Court case Miranda v. Arizona. Ernesto Miranda, a suspect in a kidnapping and rape case, confessed to the crimes after hours of questioning by police without being informed of his legal rights. The Supreme Court ruled that these confessions were coerced and inadmissible as evidence because Miranda wasn’t properly informed of his Fifth Amendment right against self-incrimination and his Sixth Amendment right to an attorney.

Your four essential Miranda rights

Here in Tennessee, law enforcement officers must inform you of your Miranda rights before questioning you in a custodial setting. Here’s a breakdown of these important rights:

• The right to remain silent: You have the absolute right to remain silent and refuse to answer any questions posed by the police. You don’t need to explain your decision.
• The right to an attorney: You have the right to have an attorney present during questioning. If you can’t afford an attorney, one will be appointed for you free of charge.
• Anything you say can be used against you: Law enforcement must inform you that any statements you make can be used as evidence against you in court.
• You have the right to stop answering questions at any time: You can stop answering questions at any point, even after initially agreeing to speak with the police.

When do my Miranda rights apply?

It’s important to understand that Miranda rights are not triggered during every interaction with the police. These rights only apply under specific circumstances:

• In custody: You are considered “in custody” when a reasonable person in your position would believe they are not free to leave. Being handcuffed or placed under arrest are clear examples of custody. However, a brief roadside stop during a traffic violation wouldn’t necessarily be considered “custody.”
• Under interrogation: Miranda rights apply when law enforcement officers ask questions to elicit incriminating information. A casual conversation with a police officer doesn’t typically constitute interrogation.

How do I exercise my Miranda rights?

Knowing your rights is empowering, but how do you effectively exercise them? Here’s what you should do:

• Be polite and respectful: While you assert your rights, maintain a calm and respectful demeanor.
• Clearly state your invocation: Don’t be ambiguous. Say something like, “I want to remain silent” or “I want to speak to an attorney.”
• Stop talking: Once you invoke your right to remain silent, stop answering questions. Don’t offer explanations or justifications.

What NOT to say: the importance of silence

Understanding what not to say during a custodial interrogation is also important. Here are some key points to remember:

• Avoid “explaining away” your innocence: The urge to explain your side of the story can lead to unintentionally incriminating yourself.
• Don’t answer “leading questions:” Police may ask questions designed to elicit a specific answer. Remain silent or ask for clarification if unsure.
• Don’t lie: Lying to the police is a separate offense. However, you have the right to remain silent without suggesting dishonesty.

How can a Franklin criminal defense attorney help?

While exercising your Miranda rights is vital, consulting with our experienced criminal defense attorneys is equally important. Here’s why:

• Understanding the legal process: The complexities of criminal law go beyond Miranda rights. A skilled attorney can guide you through the legal process and protect your rights.
• Navigating interrogations: Even after invoking your right to remain silent, police may continue questioning you using subtle tactics. An attorney can advise you on how to handle such situations.
• Gathering evidence and building a defense: Our attorneys can investigate your case, gather evidence that supports your innocence, and build a strong defense strategy.

While Miranda rights are an essential safeguard, Tennesseans have other protections during police interactions:

• Right to refuse a search without a warrant: You have the right to refuse a search of your person, car, or property unless the police have a warrant or probable cause.
• Right to record police encounters: In Tennessee, it is legal to record police interactions in public spaces, as long as you are not interfering with the investigation.

Remember, knowledge is power. By understanding your Miranda rights and other legal protections in Tennessee, you can navigate police interactions with confidence and ensure your rights are safeguarded.

Keep these considerations in mind

There are a few other issues you should be aware of regarding your Miranda rights:

• Silence can be misconstrued: While you have the right to remain silent, it’s important to acknowledge that jurors may interpret your silence as an admission of guilt. This is why consulting with our attorneys is so important, as we can advise you on the best course of action based on your specific circumstances.
• Exceptions to Miranda rights: There are limited exceptions to Miranda rights. For instance, the public safety exception allows police to question you briefly without informing you of your Miranda rights if they believe there is an immediate threat to public safety.
• The importance of documentation: If you are arrested, document everything you can remember about the arrest and any interactions with law enforcement, including the time, location, and the officers involved. This information can be invaluable to your attorney in building your defense.

Knowing your rights is the first step to protecting yourself. If you’ve been arrested or questioned by law enforcement in Franklin, contact the experienced criminal defense attorneys at Adrian H. Altshuler & Associates. Our lawyers are here to discuss your situation and ensure your rights are safeguarded throughout the legal process. Call us today for a confidential conversation. To schedule a consultation, call or contact our offices to talk with a skilled criminal defense lawyer.  We have locations in Franklin, Brentwood, and Columbia and are here to help.