After you are arrested the police must warn you that you have the right to remain silent, that any statements you make can be used against you in court, that you have the right to consult with counsel, and that if he cannot afford an attorney, one will be provided for you prior to questioning. If the police fail to provide the Miranda warnings or a fully effective equivalent, any statements obtained from the suspect are inadmissible in the government's case in chief. See Dickerson v United States, 530 US 428, 443-444 (2000).
The police may later re-approach you and provide you with fresh warnings, and attempt to persuade you to cooperate. If you invoke your right to counsel – “I do not wish to speak with you without an attorney”, then the police must cease questioning you until counsel has been made available to you unless you initiate further contact with the police.
A waiver of your Miranda rights must be knowing and voluntary. “A voluntary relinquishment of a right occurs when the relinquishment is the product of a free and deliberate choice rather than intimidation, coercion, or deception.” See United States v Male Juvenile, 121 F3d 34, 41 (2d Cir. 1997). The courts have held that the police officers' state of mind is irrelevant to the question of voluntariness. See Moran v Burbine, 475 US 412, 423 (1986). “The police are allowed to play on your ignorance, anxieties, fears, and uncertainties. The law does not allow them to magnify those fears, uncertainties, and so forth to the point where the rational decision becomes impossible. See United States v Rutledge, 900 F2d 1127, 1130 (7th Cir.1990). The court must look to the totality of the circumstances to determine whether a defendant was given the chance to “deliberately waive his rights.” See Male Juvenile, 121 F3d at 41. The government is required to prove you waived your Miranda rights by a preponderance of the evidence. In the case of Make Juvenile the court stated that “To prove a valid waiver, the government must show:
(1) that the relinquishment of the defendant's rights was voluntary, and
(2) that the defendant had full awareness of the right being waived and of the consequences of waiving that right.