TV shows like “Law and Order” and “Cops” have helped engrain the Miranda rights into viewers’ brains, but few people actually know how to apply them, according to criminal defense attorney Dan Viets.
“One of the fundamental rights we have is that we do not have to talk to the police,” Viets said. “Don’t worry about whether they’ve read you your rights, worry about exercising those Miranda rights.”
**Right to remain silent**
Officers are required to inform you of this by reading your Miranda rights after you’ve been arrested, but are not obligated to make you aware of them before a possible arrest. This is problematic because police often make suspects believe they are obligated to answer questions that could be incriminating, Viets said.
Viets also said people often don’t realize they have the right to remain silent until after they have been arrested.
This right to silence also applies to requests that can be mistaken as mandatory, the most common being asked to show your license in a bar. Viets said there is no legal obligation to show identification to police.
An officer might become more aggressive in his request, but holding your ground is well within your rights, Viets said.
“The bottom line is you are absolutely within your rights not to answer questions, not to show an ID, not to carry an ID, for that matter,” Viets said. “The first line of defense is don’t talk to police officers. If they persist in questioning, you should invoke your right to an attorney. That’s the only thing that moves past your lips.”
**Search warrants**
Similar to questioning, you are allowed to refuse any search without a warrant. Unlike vehicle searches, probable cause does not give an officer the right to search your home. It merely gives officers the grounds to ask a judge for a warrant. Upon your refusal, an officer might detain you while they apply for a warrant. The key to preventing this, Viets said, is simply to not open your door.
These rights aren’t required to be explained to you by the police like Miranda rights are, so it’s important to already know your Fourth Amendment rights, Viets said.
The only way an officer may enter your home without a warrant or permission is if there is an emergency. The odor of marijuana is never considered a true emergency, Viets said.
“They have to see blood running out from the door or hear someone screaming bloody murder,” Viets said. “They have to have a really good reason to believe there’s an emergency.
**Residence halls**
Students are also privy to the same rights to guard against unreasonable searches as anyone else, whether it’s in a residence hall or any other home.
“(The laws) are no different for the campus than they are anywhere else,” MUPD Capt. Brian Weimer said. “We’re governed by the Fourth Amendment just like any other police department.”
The police also aren’t allowed to invoke the help of RAs to get into a residence hall room.
“Whatever their protocol is, I couldn’t look at an RA and say, ‘I want you to key me in so we can search,’” Weimer said.
The Department of Residential Life has the right to enter any room in campus housing, but it must give prior notice prior to conducting a standard health and safety check. They can, however, conduct a search without notice in the event of a threat to life or property or policy violation, i.e. drug or alcohol possession. During a search, Residential Life staff are never allowed to open drawers or refrigerators.
Residential Life was unavailable for comment on search policies and procedures.
“Everybody knows (their rights) by heart,” Viets said. “But nobody does it.”