Invocation of Right to Silence

Invocation must be unambiguous; police must scrupulously honor it.

Related Miranda & Fifth Amendment rules

• Miranda: Custody RequirementMiranda applies only when a suspect is in custody—formal arrest or equivalent restraint.
• Miranda: Interrogation RequirementInterrogation includes express questioning or its functional equivalent likely to elicit incriminating responses.
• Miranda WarningsWarnings must inform suspect of rights to silence, counsel, and that statements may be used.
• Invocation of Right to CounselOnce invoked, all questioning must cease unless suspect initiates communication.
• Edwards RulePolice cannot reinitiate interrogation after counsel is invoked unless attorney is present.

Part of Criminal Procedure on Core Legal Rules — foundational MBE-tested principles with primary-source citations.