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What if I remain silent during police interrogation?

Your Miranda right to counsel must be invoked “unambiguously.” See Davis United States, 512 US 452.  You must not be ambiguous about invoking your Miranda rights.  If you make an “ambiguous or equivocal” statement or no statement, the police are not required to end the interrogation or ask questions to clarify your intent.  You must tell the police that you want to remain silent or that you do not wish to speak to them without the presence of an attorney.  You must then shut your mouth.  If you later open your mouth and start talking then the court may say that you waived your right to remain silent when you “knowingly and voluntarily” made a statement to police.

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