Every United States citizen has the right to remain silent and not to provide evidence against himself. It is law throughout the United States that the police may not question a suspect about a crime without advising the suspect of his right to remain silent. If a statement is taken from a suspect without that person first being advised of his rights, the defendant can move to have his statement suppressed as evidence at his trial. This can be accomplished through pre-trial motions and hearings.

Many people are under the misconception that the police must read a suspect his rights after he is arrested. The police are only obliged to read a suspect his rights if they intend to take a statement from the suspect.