Miranda WarninG And Your Fifth Amendment Right
Against Self-Incrimination
Our U.S. Supreme court established very specific warnings that must be given to a suspect in order to safeguard a suspect's Fifth Amendment right against self-incrimination. Those warnings are called Miranda Rights. Miranda warnings MUST BE GIVEN BEFORE A SUSPECT'S STATEMENT MADE DURING CUSTODIAL INTERROGATION MAY BE ADMITTED INTO EVIDENCE.
Q: What is a Custodial Interrogation?
A: A custodial interrogation is defined as questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his or her freedom of action in any significant way.
Q: What if the police do not read me a Miranda warning?
A: Failure by the police to give Miranda warnings to any suspect prior to custodial interrogation creates a presumption of compulsion, warranting suppression of any statements made. This means that you could get very lucky and something you said to the police could be thrown out and not able to be used at a trial.
Q: Who determines if I am in custody?
A: Whether or not a person is in custody is an objective determination, based on "how a reasonable person in the suspect's position would have understood his situation." This determination is made by the court. Custody does not always mean that you were formally arrested. Based on cases the court has already decided, the critical determinant of custody is whether there has been a significant deprivation of the suspect's freedom of action based on the objective circumstances, including the:
This means that a suspect could be in custody, but not necessarily at a police station. A suspect could be in custody in his own home or a public place. It also means that the suspect could have restraints (handcuffs) on or off.
Q: What does the Miranda Warning say?
A: “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. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”
A: A custodial interrogation is defined as questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his or her freedom of action in any significant way.
Q: What if the police do not read me a Miranda warning?
A: Failure by the police to give Miranda warnings to any suspect prior to custodial interrogation creates a presumption of compulsion, warranting suppression of any statements made. This means that you could get very lucky and something you said to the police could be thrown out and not able to be used at a trial.
Q: Who determines if I am in custody?
A: Whether or not a person is in custody is an objective determination, based on "how a reasonable person in the suspect's position would have understood his situation." This determination is made by the court. Custody does not always mean that you were formally arrested. Based on cases the court has already decided, the critical determinant of custody is whether there has been a significant deprivation of the suspect's freedom of action based on the objective circumstances, including the:
- time and place of the interrogation
- status of the interrogator
- status of the suspect
- other such factors that the court may consider
This means that a suspect could be in custody, but not necessarily at a police station. A suspect could be in custody in his own home or a public place. It also means that the suspect could have restraints (handcuffs) on or off.
Q: What does the Miranda Warning say?
A: “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. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”
