有网友提问:“如果确实违法了,警察开始盘问,我必须如实回答吗?”
答:这取决于你是否处于custody状态,对于custody法律上的定义是,警察的问话具有压迫感,从某种意义上限制了你的自由。(请参考:“ After a person has officially been taken into custody (detained by police), but before any interrogation takes place, police must inform them of their right to remain silent and to have an attorney present during questioning. A person is considered to be "in custody" anytime they are placed in an environment in which they do not believe they are free to leave.”)如果符合上述条件,你的宪法第五修正案权利自动适用,警察必须向你宣读Miranda Warning, 即你有保持沉默的权利和要求咨询律师的权利,这就是着名的米兰达规则。如果警察违反了这项规则,警察取得的口供很有可能不能进入诉讼而被排除。