Why do cops say Miranda Rights?
Asked by: Caterina Stehr | Last update: February 13, 2026Score: 5/5 (23 votes)
Cops read Miranda rights to protect a suspect's constitutional rights (Fifth Amendment right against self-incrimination and Sixth Amendment right to counsel) during a custodial interrogation, ensuring any statements made can be admissible in court by informing them they can remain silent and have a lawyer, preventing coerced confessions. This warning is required when someone is in custody (freedom restricted) and the police plan to question them about a crime.
Why do cops have to read Miranda rights?
Review of the Miranda Warning
Police are required to read your Miranda Rights after an arrest and before questioning. If they fail to “read you your rights,” it may make some or all of the following questioning inadmissible in court and affect the prosecution's ability to convict you for a crime.
What is the story behind Miranda rights?
The concept of "Miranda rights" was enshrined in U.S. law following the 1966 Miranda v. Arizona Supreme Court decision, which found that the Fifth and Sixth Amendment rights of Ernesto Arturo Miranda had been violated during his arrest and trial for armed robbery, kidnapping, and rape of an 18-year-old woman.
Can I legally cuss out a cop?
It's generally not illegal to curse at a police officer in the U.S. because of First Amendment protections for free speech, but it can lead to arrest if the language crosses into "fighting words," threats, or disrupts public order, potentially resulting in charges like disorderly conduct or resisting arrest, depending on state laws and the officer's interpretation of the situation. While cursing alone is usually protected, actions like shaking fists, spitting, or making threats can remove that protection and lead to criminal charges.
Do cops actually say you have the right to remain silent?
In the Miranda decision, the Supreme Court spelled out the substance of the warnings that officers are required to give to you, either in writing or orally, before questioning you: You have the right to remain silent. Anything you say can and will be used against you in court.
Police reading Miranda rights
Is it illegal to say shut up to a cop?
No, telling a cop to "shut up" isn't inherently illegal as it's generally protected speech under the First Amendment, but it's risky because police might arrest you for related offenses like disorderly conduct, obstruction, or breach of peace, especially if it escalates, becomes threatening, or creates a public disturbance, though such charges often get dropped later. While you have the right to criticize or insult an officer, your words could be interpreted as "fighting words" or a threat, leading to arrest, so it's best to stay calm and avoid provoking an officer, says the ACLU.
What does 1042 mean in police code?
Police code 10-42 most commonly means "Ending Tour of Duty", signaling an officer is finishing their shift, often used for retirement or at the end of the day, but its meaning can vary by department, sometimes indicating a traffic stop or even a "dead person" in some jurisdictions, so context is key.
Can you flip off a cop while driving?
Legal Perspective: A Protected Act of Expression
From a legal standpoint, the gesture of flipping off a police officer falls under the protection of the First Amendment, which safeguards free speech.
Are you allowed to flip off a cop?
In the U.S., flipping off a police officer is generally considered protected free speech under the First Amendment as a non-threatening gesture, but it's not recommended because context matters, and it can escalate into charges like disorderly conduct if it's part of broader offensive behavior, harassment, or incites a disturbance, potentially leading to legal issues even if charges are later dismissed. Courts have ruled that officers can't arrest someone solely for the gesture itself, as it's a form of expression, but related actions can give them grounds to act.
Is it illegal to give police the middle finger?
No, flipping off a police officer is generally not illegal in the U.S. because it's considered protected speech under the First Amendment, but it's also not wise, as context matters and can lead to arrest for other offenses like disorderly conduct, harassment, or creating a disturbance, especially if it escalates the situation or distracts from driving. Courts have ruled that police can't arrest you just for the gesture, but if it's part of a larger, disruptive act, you could face charges.
How long did Miranda go to jail for?
The trials of Ernesto Miranda
Miranda's signed confession was used as the primary piece of evidence during his trial and led to his conviction and sentencing of 20-30 years in prison. During the initial trial, however, there was an objection to his confession being introduced as evidence.
Can Miranda Rights be used against you?
In the typical Miranda warning, police tell a suspect who they want to question: You have the right to remain silent. If you do say anything, it can be used against you in a court of law.
What does 12 mean for cops?
"12" is slang for police, originating from the police radio code 10-12 ("visitors present," meaning civilians nearby), which became a shorthand warning, and possibly influenced by the TV show Adam-12, used in hip-hop and urban culture to mean cops are around or to be wary of law enforcement. It's used in contexts ranging from casual conversation to cautionary warnings like "Watch out for the 12" or "Fuck 12".
Can you ignore a cop talking to you?
In a nutshell, you can walk away if the officer merely asks you something but does not have reasonable suspicion that you committed an illegal act. A patrol officer, whether they are in uniform or undercover, engages with the general public under a variety of circumstances.
What are the six rights of the accused?
They include the rights to a fast and public trial by an impartial jury, to be aware of the criminal charges, to confront witnesses during the trial, to have witnesses appear in the trial, and the right to legal representation.
Can I legally cuss at a cop?
It's generally not illegal to curse at a police officer in the U.S. because of First Amendment protections for free speech, but it can lead to arrest if the language crosses into "fighting words," threats, or disrupts public order, potentially resulting in charges like disorderly conduct or resisting arrest, depending on state laws and the officer's interpretation of the situation. While cursing alone is usually protected, actions like shaking fists, spitting, or making threats can remove that protection and lead to criminal charges.
Can you give the finger to a police officer?
In the U.S., flipping off a police officer is generally considered protected free speech under the First Amendment as a non-threatening gesture, but it's not recommended because context matters, and it can escalate into charges like disorderly conduct if it's part of broader offensive behavior, harassment, or incites a disturbance, potentially leading to legal issues even if charges are later dismissed. Courts have ruled that officers can't arrest someone solely for the gesture itself, as it's a form of expression, but related actions can give them grounds to act.
Can I defend myself if a cop touches me?
You can generally only defend yourself against a police officer if they are using excessive force, acting outside their lawful duty, or if you reasonably don't know they are an officer (like a home invasion), but resisting lawful force during an arrest is illegal and dangerous, often leading to more charges like resisting arrest, so your safest bet is usually to comply, document everything, and challenge unlawful actions in court later, as physical resistance against a police officer is highly risky and can lead to severe injury or death, even if the officer's actions are wrong.
Is it illegal to tell a cop to shut up?
No, telling a cop to "shut up" isn't inherently illegal as it's generally protected speech under the First Amendment, but it's risky because police might arrest you for related offenses like disorderly conduct, obstruction, or breach of peace, especially if it escalates, becomes threatening, or creates a public disturbance, though such charges often get dropped later. While you have the right to criticize or insult an officer, your words could be interpreted as "fighting words" or a threat, leading to arrest, so it's best to stay calm and avoid provoking an officer, says the ACLU.
Can I pull over on the highway to pee?
California — Misdemeanor: Up to 6 months in county jail and/or fines up to $1,000. Infraction: Fines up to $100.
What does 40 mean for cops?
Police Code 40 (or 10-40) varies by agency but commonly means a Fight in Progress, a Prowler, or a request for a Silent/Quiet Run (No Lights/Siren), while sometimes indicating a Case Number/Time; it's essential to check the specific department's codes, as "Code 40" could also refer to legal statutes (like preventing escape in some countries) or specialized unit requests (like LAPD's 40mm launcher).
What does 10.4 mean in slang?
"10-4" (ten-four) is a slang term from CB radio code meaning "message received, okay, or understood**," originating from law enforcement and trucking to confirm communication, and popularized in media like Highway Patrol, now used informally for simple acknowledgment. It signifies comprehension and agreement, often used to say "yes" or "got it" in a casual or professional radio context, with variations like "10-4, good buddy".
What does 99 mean on a police report?
Each Patrol Station/Unit will use the number 99 in lieu of the reporting district number when the report being generated does not cover a crime or incident occurring in the Department's policing area.