XX

Here are some more “ambiguous” phrases which courts have found DO NOT invoke your right to a lawyer:

“Maybe I should speak to my lawyer first.”

“I might like a lawyer.”

“I think I should have a lawyer present for this.”

“Could I speak to my lawyer first?”

“How long until my lawyer gets here?”

And perhaps most egregiously – “Get me a lawyer, dawg – ‘cause this is not what’s up.”

Here are the magic phrases which you need to know if you want to invoke your Miranda rights:

1) “Am I free to leave?”

It’s worth asking this even if the answer is obvious. Even if the officer does not let you leave, by forcing them to admit that you are not free to leave, you are creating a record which your attorney can use to prove that you were in custody. Miranda rights only apply if the interrogation is custodial, meaning that police officers will frequently claim that their suspects were “not in custody” to get around their Miranda rights.

2) “I am invoking my right to remain silent.”

Simply staying silent will not invoke your right to remain silent. As absurd as this is, you must explicitly say that you are invoking your right to remain silent in order to invoke that right.

3) “I am invoking my right to an attorney.”

As stated above, you must be not only clear and unambiguous, but clear and legally unambiguous. Don’t get cute. Don’t get sassy. And on the flip side, don’t get intimidated and use verbal ticks to minimize your request. Say the line with those words exactly – say it clearly, and say it once, and then say nothing else.

Because even after you’ve done all this, the police can still try to get you to talk. They’re not supposed to interrogate you, but they’re allowed to make casual conversation, and if that conversation just happens to circle back around to the thing they wanted to question you about, well, that’s really your fault for talking after you said you wouldn’t, isn’t it? Can’t possibly fault the poor officers when you initiated – if you really wanted to have your rights respected, you wouldn’t have talked to them in the first place.

The police know this, and they will mercilessly exploit this loophole. So, once you’ve successfully invoked your Miranda rights, any and all conversation you have with police officers will put those rights back into jeopardy. 

Putting it all together:

Ask: “Am I free to leave?”

If they say no, say: “I am invoking my right to remain silent and I am invoking my right to an attorney.”

And then shut up and do not say a single thing to them for any reason whatsoever until you have actually spoken to an attorney. Yes, even if it takes hours. Yes, even if they start talking to you about something else.

Finally, a very important disclaimer:

Every single cop lies. Every single cop lies and manipulates and twists the situation around to get a confession. Even when they know that the person is innocent, even when they know that what they have isn’t enough to convict someone, even when they know that that confession has been made under duress or manipulation. All they care about is getting anything to put someone behind bars.

ALL cops are out to get you. They do not care about you, not do they care about proving your innocence. A cop’s primary concern is painting you as the villain and getting you behind bars so they can look like the fucking hero.

All cops are the fucking enemy, they will take any sound you utter and use it against you.

The sexuality of a police officer is cop.

The gender of a police officer is cop.

When you become the enforcer and protector of capital, you are making the deal to be slightly favored by the system over others like you, in exchange for being its servant. Your solidarity is with the system that you serve, even if it hates you.