Must you be under arrest to invoke your Miranda rights ie: "right to silence"? Can you just refuse to answer?

If not under arrest can you be charged with obstruction, etc. for not answering questions?|||Miranda applies when you are in custody and being questioned about the crime you are in custody for.





Miranda doesn't apply if an officer walks up to you on the street and asks you something like, "What do you know about Mr. Smith's stolen watch?"





I could wax on about this because it can turn into a complicated mess especially with no real scenario attached to the question. The above will do for a nutshell answer.





Of course if you are standing on the side of the street and the officer asks you about the watch you still don't have to talk. Its just that your 5th Amendment has not kicked in at that point. In other words even though you can tell the officer you don't feel like talking he can still ask you questions and he has no obligation to stop talking to you if you ask for a lawyer.





Miranda is not required to be read to someone even when they are arrested. Only when they are arrested and being questioned. You must have both custody and questioning.|||you may refuse to answer at any time.


Informing you of your miranda rights is a formality so you no longer have the defence of saying I did not know and was denied your rights|||These days, it's hard to tell. When dealing with cops ALWAYS BE POLITE. If you can't or don't want to talk to them, simply say "I'm sorry I can't help you" in a very apologetic tone.





When in doubt ask to speak with a lawyer and NEVER NEVER NEVER trust the cops to be straight with you because they won't.|||No you don't have to talk. They may tell you they will charge you with obstruction, but it will never see the light of day. It's a technique used to get you to talk. Charging you with obstruction would only entitle you to a lawyer and impede their investigation further.|||No you can not. You have those rights whether under arrest or not.|||yeah,you dont have to talk,,,you can ask if you are under arrest..if they say no,you can leave..if they say yes,they have to read them to you....|||I'm sure that a person could refuse to answer the police's questions how ever I'm sure that it would be considered obstructing justice. I am speaking of a crime of some sort here, such as say a murder or what ever. Like if you were standing right in front of where a crime took place and you happened to see it all. Not some trivial small thing. Just trying to help you understand it. While it may not be the best example, it is just an example and that is all. You can ask to have an attorney present when being questioned, so that your rights are being protected while you are being questioned. But I think that refusing to answer questions could make you look guilty of wrong doing.





I think that what you are referring to is pleading or taking the fifth amendment, which means that you are not going to say any thing.





When some one is arrested the police must read you your Miranda rights, to make the arrest legal. If they do not read you your Miranda rights when you are arrested then the arrest would be null and void. The Miranda rights refer to your being able to have an attorney present when being questioned. And if you can not afford an attorney then one will be appointed to you free of charge. Etc...|||You don't have to answer any question if you don't want to. Under arrest or not. However if don't answer and later they find out you knew something you could be charged with obstruction to justice.|||Not advising someone of their Miranda Rights will not void an arrest. It will only make any questions/answers given after being arrested, that were self incriminating, void and not admissible in court. The 5th Amendment only guards against self incrimination. If a police officer is asking you questions about a crime you witnessed, but did not commit any crime yourself, he does not have to Mirandize you and yes, you could be found to be obstructing an investigation. Anyone that condones a crime being committed by someone else has no right to complain if they become a victim of a crime, but the police will still diligently pursue the perpetrator of a crime against any and all people.