Our Lips Are Sealed - Don’t Talk to the Police
When most people hear, “You have the right to remain silent,” they assume it applies only to the guilty. But as James Duane—a Regent University law professor—explains, innocence offers no protection during police questioning. In his widely cited work (You Have the Right to Remain Innocent), Duane warns that talking to police without legal advice can seriously jeopardize even the most honest individuals. You can watch a related speech from Duane here. Similarly, you can find an article by Duane here.
1. Police Have a Strategy—Not Your Best Interests
Duane emphasizes that law enforcement officers are officially trained to extract admissions. They’re not obligated to be truthful. That means they might misrepresent evidence, use psychologically manipulative tactics, or make promises of leniency—all to push you into talking.
2. Innocent Words, Unintended Consequences
Even harmless remarks can be twisted into evidence against you. Innocent details about your background or whereabouts can be framed as incriminating by prosecutors.Duane highlights cases where honest people were ensnared by misremembered or poorly phrased statements.
3. Silence Isn’t Enough—Invoke Your Rights
Legal developments show that mere silence can be interpreted as guilt. A key case—Berghuis v. Thompkins (2010)—held that unless you explicitly assert your Fifth Amendment right, silence alone doesn’t protect you. Later in Salinas v. Texas (2013), the Court ruled that silence before formal arrest could also count against you if you don’t clearly invoke your rights.
Duane’s solution? Simply and firmly say:
“I am invoking my right to remain silent and I want an attorney.”
This stops questioning while letting officers know you are not refusing to interact altogether
Why This Matters for Everyday Citizens
Protecting the innocent: No one anticipates being falsely accused. But a few ill-chosen words can start a cascade of legal complications.
Clarity in asserting your rights: Vague refusals aren’t enough. The law requires that your request for a lawyer be unambiguous.
Courtroom reality: Jurors can be swayed by how an individual appears under police questioning—confident and cooperative or defensive and silent. Duane urges citizens to prioritize legal protection over courtroom optics.
Practical Tips from the Law
Remain respectably silent—don’t ramble.
State your rights clearly: “I choose to remain silent. I want an attorney.”
Exercise your Sixth Amendment right to counsel immediately.
Don’t waiver. Keep your tone calm, respectful, and unwavering.
Our Perspective
At Shkreli Legal, we emphasize understanding the practical implications of constitutional protections during police encounters. Duane’s work underscores how well-intentioned behavior can backfire without legal knowledge. Our attorneys provide:
Workshops on how to handle police questioning,
Clear guidance on asserting rights effectively,
Ongoing support for individuals under investigation.
In Summary
James Duane’s critical insight reminds us: an innocent person talking freely to police can unintentionally create a case against themselves. Understanding how to assert your Fifth and Sixth Amendment rights—and doing so clearly—is the best way to protect your liberty, regardless of guilt or innocence. As a law firm dedicated to safeguarding your rights, we encourage everyone to learn these fundamental tools for dealing with law enforcement.
