Can a suspect waive Miranda rights and speak to police?
Yes, a suspect can waive their Miranda rights and choose to speak with law enforcement, and in practice, most suspects do so.12
Under the guidelines established by the U.S. Supreme Court in Miranda v. Arizona, police are required to inform suspects in custody of their right to remain silent and their right to an attorney. However, these rights are not absolute barriers to questioning; suspects may opt to waive them and provide statements. For such a waiver to be valid and for the resulting statements to be admissible in court, the waiver must be performed "voluntarily, knowingly, and intelligently".31
It is important to note that suspects must "unambiguously" invoke their right to remain silent to stop police questioning. Simply remaining silent during an interrogation is generally insufficient to trigger the protections of the Fifth Amendment; a suspect must expressly claim that right. Furthermore, even after initially agreeing to speak, a suspect retains the right to conclude the interrogation at any time.321