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.
At the very start of any traffic stop, before the first question, while you are still in your vehicle. State it once, clearly, and stop talking. This is what makes later silence actually protected.
The Supreme Court held that a prosecutor may use a suspect's pre-arrest silence against them unless the suspect explicitly invokes the Fifth Amendment right to remain silent. Silence alone is not an invocation — you have to speak the right for it to attach before you are in custody.
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