Part of the Miranda warning is normally read, "anything you say can and will be used against you."
That statement is factually true, but misleading, because it does not indicate that things you say to the police cannot be used in your defense.
An attempt by a defense attorney to have a police officer testify to anything he heard a defendant say will be objected to as hearsay by the prosecution.
But a defense attorney cannot object to police testimony regarding the defendant's statements from the prosecution's questioning, because police officer testimony against a defendant is considered "an opposing party's statement", and is an "exclusion from hearsay".
See Rule 801(d)(2)(A) —
Simply put, you must be very careful when talking to the police when they are supposedly trying to help you, and never talk to the police if there is any possibility you may be a suspect.
Saying anything can only hurt you, because even if you can explain why you cannot be a legitimate suspect, the police cannot testify in court to anything you say that is exonerating — only the things you say that implicate you.
Here is Regent Law Professor James Duane explaining why you should always exercise your right to remain silent —
http://www.youtube.com/watch?v=d-7o9xYp7eE
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1998119
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1998119
Many people see 'taking the 5th' as a shelter for the guilty, but our judicial system is a very dangerous thing to be entangled with, and it is often critical for innocent people not to testify, if their testimony can be manipulated in any way to make them appear guilty.
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