Miranda warning - sustany/dvg GitHub Wiki

Overview

"Miranda warning" refers to the constitutional requirement that once an individual is detained by the police, there are certain warnings a police officer is required to give to a detainee.

Miranda v. Arizona

The requirement to give Mirandawarnings came from the Supreme Court decision,�Miranda v. Arizona, 384 US 436 (1966). In�Miranda, the Court held that a defendant cannot be questioned by police in the context of a custodial interrogation�until the defendant is made aware of the�right to remain silent, the right to consult with an attorney and have the attorney present during questioning, and the right to have an attorney appointed if�indigent.

Fifth and Sixth Amendments

These warnings stem from the Fifth Amendment privilege against self-incrimination�and the Sixth Amendment right to�counsel.� �

Exclusionary Rule

Without a�Miranda warning or a valid waiver of the Miranda rights,�statements made may be inadmissible at trial under�the exclusionary rule, which prevents a party from using evidence at trial which had been gathered in violation of the United States Constitution.�

Further Reading

For more on Miranda warnings, see this Southern Methodist University Law School article, this Pace Law Review article, and this Northwestern University Journal of Criminal Law & Criminology article.