The Miranda warning is actually rights granted in the Constitution. Although popularly known as the Miranda rights or Miranda warning (ordered by the U.S. Supreme Court in Miranda v. Arizona). Your rights consist of the familiar phrases invoked by TV police immediately upon arresting a suspect: - You have the right to remain silent;
- Anything you say can and will be used against you in a court of law;
- You have the right to an attorney, (and have that attorney present during any questioning);
- If you cannot afford an attorney, one will be appointed for you, (if you so desire);
- (If you choose to talk to the police, you have the right to stop the interview at any time)
After looking at the common saying, you may notice that the wording is a little different, and additional information is listed above. The sections in parentheticals are generally omitted.
When the Miranda Warning Is RequiredIf a person is in custody (deprived of his or her freedom of action in any significant way), the police must give a Miranda warning if they want to question the suspect and be able to use the suspect's answers as evidence at trial. If a person hasn't been arrested, the police may question the person and use the answers in court without first providing the familiar Miranda warning. |
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