Talking to police is fraught with dangers, which is why, generally, you should not speak with police. It is okay and legal to politely assert your right to remain silent and ask for a lawyer. If you have ever seen an episode of Law and Order, you know that anything you say can be used against you. However, in reality, this can also mean that your innocent words can be twisted into admissions of guilt. Errant words can give probable cause for searches, and prolonged conversations can lead to trouble, even if you have not done anything.
Miranda warnings protect you from self-incrimination. New Jersey courts closely scrutinize whether any waiver of rights was truly knowing and voluntary. According to the New Jersey Supreme Court, a waiver becomes unenforceable when the police do not inform an individual of any filed complaint or warrant prior to interrogation, underlining New Jersey’s substantial burden to prove waiver validity.
If a law enforcement officer stops you while operating a motor vehicle on a roadway, you must provide your driver’s license, registration and insurance documents when asked.
Provide the documents. You are under no obligation to engage or provide anything more. You can simply say: “I’m invoking my right to remain silent, and I want a lawyer.”
If questioning continues
If officers keep asking questions after one invokes their rights, or if a resident’s request is ambiguous, courts look at the totality of circumstances, which include statements that may be suppressed. Do not explain, argue or guess. If needed, repeat the invocation, and wait for counsel.
Ask if you are free to leave. If not, calmly invoke your rights. Refuse any search of your body, vehicle or phone. If you feel like your rights were violated, after release, write down what happened and contact a defense lawyer promptly. If you are detained pretrial, counsel can address conditions under New Jersey’s bail-reform statutes.