You Have the Right to Remain Silent, but New York Scored Just 59% on Miranda Rights

I’ll admit that most of what I know about Miranda rights came from Law & Order and NCIS, with a little CSI mixed in.

You know the scene. The suspect is cornered, and the handcuffs come out. Then somebody delivers one of the most recognizable lines in television: “You have the right to remain silent.”

It’s been repeated so often that it feels like we should all know exactly what Miranda rights are and when they apply. But recognizing the script isn’t quite the same as understanding the law behind it.

A Miranda rights survey found that New Yorkers answered 59% of the questions correctly. That put New York 23rd in the nation, just one point above the national average of 58%.

I know I’m not the only one with a favorite crime drama. Apparently that doesn’t make any of us legal experts, though.

New York Miranda Rights Knowledge Lands Mid-Pack

The survey questioned 3,067 adults across all 50 states. Participants were given five questions about the basics of Miranda rights, including when police generally need to give the warning and what happens if someone asks for an attorney or if questioning continues without a required warning.

New York’s 59% score placed it squarely in the middle of the pack. Wyoming came in first at 70%, while Alaska had the lowest score at 45%, according to the full survey results.

I’m not shocked. Thankfully, most of us will never be in a situation where we need to put this knowledge to the test, so we pick up what we know from TV and movies, plus conversations with people who sound very sure they know what they are talking about.

When New York Police Must Read Miranda Rights

One of the biggest misconceptions is that police must read Miranda rights immediately when someone is arrested or becomes a suspect.

That familiar television scene is not exactly how it works. Generally, police must give the warning before questioning someone in custody. The combination of custody and questioning matters, not simply the fact that someone has been arrested.

READ MORE: Keeping Wildlife in New York Is Illegal 

Custody itself can be more complicated than it sounds. The question is generally whether a person’s freedom of movement has been significantly restricted, not just whether handcuffs are involved. The federal courts have an educational lesson on how judges decide whether someone is in custody.

That is one reason this topic is tougher than a quick scene between commercial breaks.

New Yorkers Often Mistake the One Phone Call for a Miranda Right

Another easy thing to get wrong is the phone call.

I’ve heard some version of “I get one phone call” so many times that I'd swear it was part of the Miranda warning. But the basic warning includes the right to remain silent, that statements can be used against someone in court, the right to an attorney during questioning, and the right to an appointed attorney if someone can’t afford one.

The right to make one phone call is not part of that standard warning. It’s a perfect example of how pop culture can make something sound like a legal rule just because we have heard it a thousand times.

One in Four New Yorkers Worry Asking for a Lawyer Looks Guilty

The survey also found that 26% of New Yorkers believe asking for an attorney while being arrested makes a person look more guilty. The other 74% said it wouldn’t.

That number stood out to me. A person doesn’t need to prove innocence by talking without legal counsel, yet about one in four New Yorkers still worries that asking for a lawyer creates the wrong impression.

The survey also asked what could make people waive their right to remain silent. Forty percent said nothing would persuade them. Among people who said they might talk, the most common reasons were believing they had done nothing wrong or wanting to clear up a misunderstanding.

I get that. If you have nothing to hide, talking feels like the fastest way to make everything easier. But real legal situations are rarely as simple as they look on television.

New Yorkers Say TV Is Their Top Source for Miranda Rights Knowledge

This part made me laugh because it confirmed exactly what I suspected about myself.

Nearly half of the people surveyed (48%) said television shows or movies were their main source of Miranda rights knowledge. Only 7% said they learned most of what they knew in school, while 8% pointed to legal education or work.

Most respondents said they would feel at least somewhat confident about knowing what to say and what not to say. The results show a gap between feeling confident and knowing the details.

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Miranda Rights Survey Is Not Legal Advice for New Yorkers

This survey is an interesting look at what New Yorkers think they know about Miranda rights, but it is not legal advice. Every situation is different, and anyone facing an arrest, police questioning, or criminal charges should speak with a qualified attorney about their own circumstances.