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Understanding Your Right to Remain Silent in Iowa

Robert Stahle • June 14, 2021
5th ammendment attorney sioux city iowa

You more than likely have heard a police officer utter, “you have the right to remain silent” in countless television shows and movies, but do you know what exactly it means in a legal context? Believe it or not, the arrest scenes in Hollywood movies largely stay true to the actual legal process and procedures. In the famous case of Miranda v. Arizona , the judge ruled that law enforcement officers advise arrested suspects of certain rights, including the option of remaining silent and saying nothing.

Here at Fitch & Stahle Law Office, our auto accident lawyer is here to stand by your side and protect your constitutional rights when you are arrested. Many police officers fail to uphold the law when making an arrest, and failure to inform suspects of their so-called Miranda rights is a common defense in court. Here is what you need to know about your right to remain silent, presented by our drunk driving lawyer.

When Must the Police Inform You of Your Rights?

Police are legally obligated to inform suspects of their rights before they interrogate them in custody. Interrogation doesn’t only include questioning but also any words or actions that police officers should know are reasonably linked to elicit an incriminating response. The main point of the Miranda warning is that the prosecution cannot use a suspect’s silence as evidence of guilt in court.

However, police officers are not technically required to inform suspects of their right to remain silent when they are not technically in custody. Thus, it is relatively common for police to question suspects after letting them know they are not under arrest and are free to leave. By using this method, police officers do not have to provide the Miranda warning.

2013 Supreme Court Decision

In 2013, there was a closely contested U.S. Supreme Court decision that held that prosecutors can, under some circumstances, point to an out-of-custody suspect’s silence in response to police questioning as evidence of guilt. According to this case, our drug lawyer will tell you that the prosecution can common on the silence of a suspect who:


  • Is out of police custody (and not Mirandized)
  • Voluntarily submits to police questioning
  • Stays silent without expressly invoking his Fifth Amendment rights

How to Invoke the Right to Remain Silent

The 2013 Supreme Court decision raises new questions, such as whether it is reasonable to place the brunt of asserting constitutional rights on normal people. More practically, people are now asking what exactly an out-of-custody person must say to a police officer to effectively invoke their right to silence. Previous court decisions have indicated that people should be clear that they are invoking their Fifth Amendment privilege against self-incrimination.

Sioux City Auto Accident Lawyer

Whether you have been arrested for drunk driving, drugs, or an automobile accident, our Sioux City attorneys are here to protect your rights. We are dedicated to providing residents of the Siouxland area with professional legal advice for a range of needs, and our attorneys are licensed to practice in both Iowa and Nebraska.

Contact us at 402-494-3012.

By Robert Stahle October 30, 2025
A Guide for Grieving Families
By Robert Stahle October 22, 2025
A car accident can change your life in a matter of seconds. One moment you’re commuting or running errands, and the next, you’re facing a wrecked vehicle, physical pain, and a growing stack of medical bills. It’s stressful, overwhelming, and often confusing—especially when you’re not sure what to do next. At Fitch & Stahle Law Firm , we help car accident victims in South Sioux City , Sioux City , and across Nebraska and Iowa understand their rights and recover the compensation they deserve. In this post, we’ll walk you through the critical steps to take after a crash—and how to protect your health, finances, and legal claim. Step 1: Prioritize Your Safety and Health Immediately after a crash, your safety comes first. If possible: Move your vehicle out of traffic Check yourself and others for injuries Call 911 for medical help and law enforcement Even if you don’t feel seriously hurt, get evaluated by a medical professional as soon as possible. Many injuries—like whiplash, concussions, or internal trauma—don’t show symptoms right away. A prompt medical exam not only protects your health, it also documents your injuries for your insurance claim. Step 2: Call the Police and File an Accident Report In both Nebraska and Iowa , it’s important to report any crash involving: Injury or death Property damage over $1,000 A hit-and-run or uninsured driver The responding officer will create a police report , which includes key facts like: Date, time, and location of the accident Statements from drivers and witnesses Diagrams or photos of the scene Initial assessment of fault This report becomes vital evidence in your personal injury claim. Be honest and factual—but avoid admitting fault or guessing what happened. Step 3: Gather Evidence at the Scene (If You Can) If you are physically able and it’s safe to do so, collect the following: Photos of vehicle damage, injuries, skid marks, and surroundings Driver’s license, insurance, and contact info of all involved Contact info for witnesses Notes about the weather, road conditions, and what you recall If you’re unable to collect this yourself, Fitch & Stahle Law Firm may be able to retrieve surveillance footage, witness statements, or crash data later—but the more you gather early, the better. Step 4: Notify Your Insurance Company Most policies require you to notify your insurer after a crash. However, you do not need to give a recorded statement , especially before speaking to a lawyer. Stick to the basics: Where and when the crash happened Who was involved That you’re seeking medical treatment Avoid discussing fault, injuries, or potential settlement values. Insurance companies often use early statements to downplay your claim later. Step 5: Call a Car Accident Lawyer—Before You Talk to the Other Driver’s Insurance The at-fault driver’s insurance company may reach out soon after the crash. They might offer a quick settlement or ask for a recorded interview. Don’t be fooled— their goal is to protect their bottom line, not your recovery . When you call Fitch & Stahle Law Firm , we: Handle all communication with insurance companies Protect you from saying something that hurts your case Calculate the real value of your damages Make sure you aren’t pressured into a lowball settlement We offer free consultations and don’t charge legal fees unless we win your case. Step 6: Keep Track of Everything Start a folder or digital log for your car accident claim. Include: Medical bills and records Receipts for prescriptions or medical equipment Notes from doctor visits Pay stubs showing missed work A journal of your pain levels, emotional struggles, or daily challenges This documentation helps prove pain and suffering , lost income , and the long-term impact of your injury. What Compensation Can You Recover? Depending on the circumstances, you may be entitled to compensation for: Emergency room care and medical treatment Physical therapy and future healthcare needs Vehicle repairs or total loss Lost wages or reduced earning capacity Pain and suffering Emotional distress Permanent disability or disfigurement If the at-fault driver was reckless—such as driving drunk or texting behind the wheel—you may also qualify for punitive damages . At Fitch & Stahle , we fight for the maximum compensation available under Nebraska or Iowa law. How Long Do I Have to File a Claim? The legal deadline to file a car accident lawsuit (called the statute of limitations ) is: 4 years in Nebraska 2 years in Iowa However, it’s best to act early. Delays in filing can lead to lost evidence, unclear medical records, and a weaker case overall. Why Choose Fitch & Stahle Law Firm? We’ve spent years helping injured drivers in the Siouxland region get justice after devastating car accidents. Here’s why clients trust us: ✅ Local Experience : Based in South Sioux City , we know the roads, courts, and insurers in both Nebraska and Iowa. ✅ Full-Service Representation : From crash investigation to courtroom litigation, we handle every step. ✅ Licensed in NE & IA : Whether your accident happened on I-29, Highway 77, or in town, we’ve got you covered. ✅ No Upfront Fees : You pay nothing unless we win your case. Don’t Go Through This Alone—We’re Here to Help If you were injured in a car accident in South Sioux City , Sioux City , or anywhere in Northeast Nebraska or Northwest Iowa , don’t wait to protect your rights. The sooner you act, the stronger your claim. 📞 Call us now at 402-494-3012 🌐 Schedule your free consultation at fitch-stahlelaw.com 📍 Visit us at our South Sioux City office At Fitch & Stahle Law Firm , we fight for car accident victims every day—and we’re ready to fight for you.