Can one read a Miranda warning to oneself while under arrest? 3 Answers as of September 02, 2014

If arrested and someone has not yet been read the Miranda warning, can they recite the entire language of the warning to oneself and would that be considered a valid of exercise one's 5th Amendment rights? "I have the right to remain silent. If I give up the right to remain silent…"

I've just read that silence can be used as admission of guilt in CA, prior to the reading of Miranda.

Why not go right ahead and take the initiative to recite the warning to oneself and then remain silent afterwards, if the cops wish to delay that reading? Of course, one could take the risk of reading the warning incorrectly from rote, but let's say that it was read correctly and completely, including up to the point where the person acknowledges their rights.

Can that person's subsequent silent be used against him after a recitation?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Hamblin Law Office | Sally Hamblin
The officer generally reads your rights unless. Handing you the card to read outloud to them , I have not heard that. Right to remain silent generally means no questioning. One would have to know how the situation exactly played out.
Answer Applies to: Michigan
Replied: 9/2/2014
Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
No. All You need to say is "I'm invoking my right to silence. I will not answer any questions until my attorney is here." Be direct, polite, and unequivocal about it.
Answer Applies to: Michigan
Replied: 8/29/2014
Law Offices of Ezra N. Goldman
Law Offices of Ezra N. Goldman | Ezra Goldman
You should recheck something you might have read about the law in California and you should read the actual Miranda v. Arizona case. The reading of Miranda rights does not trigger Miranda rights. The Constitution guarantees us a right to remain silent and the only purpose of reading the rights is to make sure that people know the rights. So, with this in mind, the question is a bit outlandish. You do not have to have your rights read to you in order for them to apply and there is no reason to repeat the rights to yourself.
Answer Applies to: Michigan
Replied: 8/29/2014
Click to View More Answers: