Know Your Rights: What Are the Miranda Rights?

Anyone who has watched a cop drama on television has probably heard of Miranda rights, which serve to protect criminal suspects’ constitutional rights. When law enforcement takes a suspect into custody, they are required to inform the suspect of their Miranda warnings before an interrogation can take place. Here is what you need to know about Miranda rights and how they work. 

Who is Ernesto Miranda?

Miranda rights are named after the landmark U.S. Supreme Court case Miranda v. Arizona (1966). Ernesto Miranda was arrested for stealing $8 from an Arizona bank worker. After two hours of questioning, Miranda confessed not only to the robbery but also to kidnapping and rape. When he was brought in for questioning, he was never told that he did not have to speak to law enforcement officers or that he could consult with a lawyer. He simply confessed to the crimes and was found guilty.

Miranda's conviction was appealed to the United States Supreme Court. The justices ruled that the statements Miranda made to the police could not be used as evidence against him because he had not been advised of his Constitutional rights. Since this decision, law enforcement officials are required to recite the Miranda warning to suspects before any questioning is conducted.

The Miranda case did not establish new rights but rather instituted further protection of Fifth and Sixth Amendment rights.

Miranda rights protect the Fifth Amendment, which safeguards individuals from self-incrimination in criminal cases, and the Sixth Amendment, which guarantees criminal suspects the right to a lawyer. 

The components of the Miranda Warning

The following is the standard Miranda warning: "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 speak to an attorney and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense."

Each state makes its own rules about exactly what must be told to suspects who have been arrested or are being held for interrogation by police, but the Supreme Court’s decision requires these four points to be clearly communicated.

1. You have the right to remain silent

Silence cannot be used against defendants in court. However, there is a term known as “pre-Miranda” silence, which occurs when a criminal suspect has not been read his or her Miranda rights and still remains silent. In that case, silence can be seen as unusual and suspect. Suspects who state something like, “My attorney has always told me not to give statements without him present,” may avoid the negative consequences of refusing to speak.

2. Anything you say can be used against you in a court of law

All suspects have the right to remain silent. Those who give up that right face the prospect that their statements will be used against them in court. This can be tricky, as many times the only evidence against a defendant is a confession. Defense lawyers contend that many innocent suspects, intimidated by arrest and interrogation, may speak to police without realizing the danger.

3. You have the right to have an attorney present

This gives a suspect the right to have legal counsel present at the time of the interrogation. A suspect must be clearly informed that he or she has the right to consult with an attorney and have an attorney present before answering any questions from police. If the police try to question a suspect after an arrest, they must stop the interrogation if the suspect requests an attorney. 

4. If you cannot afford an attorney, one will be appointed to you

In order to make sure a person being interrogated has a clear understanding of his or her rights, the suspect must be told that a lawyer will be appointed without charge if needed. Without this additional advisory, the caution of the right to consult with an attorney could be misunderstood and rendered meaningless.

When are Miranda rights required?

Miranda rights must be read before custodial police interrogation.

In the context of Miranda rights, whether someone is considered to be in custody depends on whether a reasonable individual in the suspect’s position would feel that they could exercise their right against self-incrimination and the level of restriction on the suspect’s freedom. 

For example, a person who is arrested and taken to jail can be considered to be in police custody. 

Interrogation is when police question a suspect as part of a criminal investigation. Custodial interrogation is when a suspect is questioned while they are in police custody, but interrogation can also happen outside of custody. 

For instance, if a suspect is arrested by a police officer and then questioned at the local police station, that could be considered custodial interrogation, and the police would be required to read the suspect the Miranda warnings before questioning. If the police question a suspect who isn’t in custody, that is called non-custodial interrogation. 

When are Miranda rights not required?

The Miranda decision is intended to make suspects aware of their constitutional rights. Police can ask routine questions—such as name, address, date of birth, and social security number—without reading Miranda rights. 

Law enforcement does not have to read Miranda rights in certain situations, such as the following:

• When voluntary statements are given outside of interrogation
• When public safety is at risk
• If the suspect waives their Miranda rights
• During ordinary traffic stops

Keep in mind that if a suspect confesses to a crime before receiving the Miranda warnings, the confession may later be used as evidence in court. 

Waiving and invoking Miranda rights

A suspect must state that they are invoking their Miranda rights. It’s not enough to simply remain silent: The suspect should explicitly inform law enforcement that they are invoking their Miranda rights. 

Suspects can invoke their Miranda rights by saying something like, “I want to invoke my right to remain silent, and I need to talk to a lawyer before answering questions.”

If a person is arrested but decides to talk to the police despite the warning, they do have the right to change their mind. They can invoke their Miranda rights at any time during questioning, meaning they can decide to stop answering questions or only talk to police officers with a lawyer present. 

It’s important to note that even if a suspect invokes their Miranda rights, they can still waive those rights, either implicitly or expressly.

A suspect can waive their rights implicitly by talking to police after receiving the Miranda warnings, or they can waive their rights expressly by stating that they want to relinquish their rights.

What are the consequences of not being read my Miranda rights?

If the police do not provide a Miranda warning before an interrogation, any information they obtain from you may be inadmissible in court. 

However, there are some exceptions, such as when there is a danger to public safety or if you voluntarily provide information before custodial interrogation.

FAQs

Are there any exceptions to the Miranda rule?

Police can ask basic questions—such as those used to identify a suspect—without giving Miranda warnings. Law enforcement does not have to read Miranda rights if a suspect has waived their Miranda rights, if public safety is threatened, or if a suspect voluntarily provides information outside of a custodial interrogation. 

Can the police use my statements against me if I don't understand my Miranda rights?

If you were improperly warned, your statements cannot be used against you at trial. However, the statements may be used for other purposes (such as for impeachment), and information from voluntary confessions may be used in certain circumstances. 

What should I do if I believe my Miranda rights were violated?

If you believe your Miranda rights have been violated, you should contact a criminal defense attorney to ensure that your rights are protected. 

What happened to Ernesto Miranda?

Ernesto Miranda did, indeed, get a new trial based on the Supreme Court ruling, and his original confession was thrown out. However, based on the evidence, Miranda was convicted and served 11 years in prison before being paroled in 1972. 

In 1976, at the age of 34, Miranda was murdered. Police arrested a suspect in the killing who, after choosing to exercise his Miranda right to remain silent, was released without being charged with the crime.

 Stephanie Morrow contributed to this article.