Interactive Scenario
Your Constitutional Rights
If you are arrested, you have important rights. These are from the U.S. Constitution.
What it is (5th Amendment)
This means you do not have to answer any questions that the police ask you. You don't have to explain where you were, what you were doing, or anything else.
How to use it
You can clearly say, "I wish to remain silent." After you say this, the police should stop asking you questions. Staying silent cannot be used against you in court.
What it is (6th Amendment)
You have the right to a lawyer (an attorney). A lawyer is someone who knows the law and is on your side. If you can't afford a lawyer, the court must give you one for free. This is called a public defender.
How to use it
You can say, "I want a lawyer." Once you ask for a lawyer, the police should stop questioning you until your lawyer is there with you.
What it is (4th Amendment)
This right protects you from the police searching you, your home, or your things without a good reason. Usually, they need a warrant from a judge to search your private spaces.
How to use it
If an officer asks to search you or your property (like your car or your bag), you can say, "I do not consent to a search." This is you using your right. If they have a warrant, you must let them search.
What are they?
You may have heard police on TV say: "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney..." This is called the "Miranda Warning."
When do police read them?
Police must read you these rights if you are in their custody (arrested) AND they want to interrogate (question) you about a crime. They are reminding you of the rights we just talked about!