Attorney told she has the "right to remain silent" AFTER being arrested for remaining silent

In October, 2015, attorney Rebecca Musarra was driving in New Jersey when she was pulled over by a New Jersey State Trooper. She produced her driver license, registration, and proof of insurance when asked to do so. However, when asked if she knew why she was being pulled over, she did not respond. When asked a second time, she also did not answer.  When threatened with arrest for obstruction if she did not answer the trooper’s questions, she responded that she was an attorney and that she had the right to remain silent. The incident was caught on dash cam video.  She was then ordered out of her car, patted down, handcuffed and placed in a police car. She was later read her Miranda rights, which, try not to laugh, included the “right to remain silent.” Only after spending a few hours in the holding cell did a supervisor apologize, release attorney Musarra, and attribute the incident to rookie troopers and a lack of training.  In May 2016, Attorney Musarra filed a federal lawsuit against New Jersey state, the state trooper agency, and the individual troopers involved in her arrest.

Contact Fort Lauderdale Criminal Attorney Gary Cole at 954-462-4600 if you or someone you know has been arrested after exercising their right to remain silent.

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