Right to not answer questions?

Question

Is it fine to not answer any questions even if there is no reason to be arrested at the time? For example, if a police contacts you by phone to ask a few questions about a crime. If you state that you will not answer any questions, is the next step to get information from you going to involve ordering you to stop by the police station for an interview?

Is it also only required for police to state the Miranda warning while you're in their custody answering questions? Therefore, if being questioned by phone, the Miranda warning doesn't apply and they can obviously still use any information said against you?

Answer 1

I'll add one more thing to the Miranda discussion.  First, consult with a lawyer immediately!

A Miranda warning is only necessary for custodial interrogation.

Custody is not just that you went to the police station for an interview.  You are 'in custody' if a reasonable person, in similar circumstances, would not feel free to leave.

How does that play out?  If you are in handcuffs, you are in custody.  If you are in a locked interrogation room, you are in custody.  If there are 5 detectives between you and the only exit from the interrogation room, you are in custody.

You get the idea.  Don't speak to the police without an attorney to protect you!

Answer 2

You don't know who that could be on the phone, therefore you have the right not to answer.

Say on the phone "I don't know who you are. You could be a criminal or a salesman. If you want to ask a question then come to my home in a patrol car and identify yourself..

Remember, anybody can say anything on the phone. If you are harassed then get a lawyer.

NO ONE can order you to come someplace without positive proof of who they are.

Answer 3

You don't have to give information to the police at any time.  There are certain situations where a judge may require you to produce information, but they don't apply to anything you described.  

If you don't answer their questions, the police may come around to you house, stop in at your job, call you down to the station (where you don't have to go) - anything to try to get what they want from you.  You still don't have to answer.  

And yes, the police only need to give you Miranda warnings when you have been taken into custody or if they have put you into a situation where a reasonable person would believe they are in custody.  At that point, if you assert your right to silence and ask for a lawyer, they are not permitted to question you any further unless you initiate conversation again.

Answer 4

You do not have to answer police questions when you are a suspect.  You have the right against self-incrimination in all situations with police; however, under Miranda, the police only have to give you notice of this right when certain conditions become present.  You need to give correct pedigree information, such as your name, birth date, address, or you could be charged with obstruction.  If you are not a suspect and the police feel that you have pertinent information to a crime, then you need to answer the questions to avoid being charged with obstruction.

Answer 5

First, custody + questioning = Miranda.  Second understand that not answering questions outside of custody can be used as a 'consciousness of guilt' in a court proceeding.  Like refusing to answer questions about an alibi or contact.

Answer 6

You never have to answer anything. It would be wise to request an attorney if you will incriminate yourself or feel pressured to any degree. (But it is also wise to cooperate)

Miranda is not pertainable via phone.

Answer 7

Never talk to the cops what ever you say will be used against you NOT for you.

Answer 8

You are never required to answer any questions from a police officer, and Miranda is not required over the phone. Miranda is only required when you are in custody, and being questioned about the crime you are in custody for.

Answer 9

in my opinion-if a cop wants questions answered of a serious nature they will find YOU-if you know something about a crime and you dont wish to divulge information it is highly suggested you find an attorney to speak for you-that way you protect your rights-