this post was submitted on 07 Jan 2026
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It actually legally can be used against you if you go silent before being told you have the right to stay silent
The logic being…why would someone go silent before they’ve even been officially warned about it
I think the problem is more like:
They trick you into talking about the weather, then suddenly be like: "Yea, such a great weather, it's such a shame that the victim couldn't enjoy seeing this because you murdered the victim"
Then you remain silent without verbally invoking the right to remain silent
So the prosecutors are gonna be like: "SEE, HE IS GUILTY SINCE HE SUDDENTLY BECAME QUIET!"
Indeed, it’s very important to know your rights
Although legally if a cop asks you any question related to the investigation they must give you the Miranda warning that tells you the right to remain silent
In your example if the cop never gave a Miranda warning then it would probably be an inadmissible statement in court
Fun fact: if you haven't been mirandized your silence is admissable, but not your answer. https://en.wikipedia.org/wiki/Salinas_v._Texas
The correct answer is to plead the fifth if a cop says hello.
It would be great if our system was set up such that there were people responsible for public safety the way firefighters are and, also like firefighters, don't have the looming threat of crushing you with the weight of the law, but unlike firefighters don't need to be ready next to a lot of bulky specialized equipment to be effective.
But it's not, so....