The Supreme Court ruling that anchors one of the POP phrases. Plain-English summary below, with the precise phrase to invoke and when to use it.
The moment you realize you are being detained and you do not want anything you say to be used against you. State it once, clearly, at the start of the stop, before the first question. This is what makes later silence actually protected.
The Supreme Court held that a routine traffic stop is not custodial interrogation for Miranda purposes. Officers are not required to give a Miranda warning during a stop, which means the silence you keep is unprotected unless you invoke it yourself out loud. Berkemer is the companion to Salinas: Salinas told you that silence alone is not an invocation, Berkemer told you that the burden to speak falls on you even more clearly because a stop is not custodial in the Miranda sense.
Open Stop Mode on your phone — pinned phrase, recording timer, and live legal context.
Open Stop Mode