Miranda Rights
The right to remain silent and to have an attorney present during police questioning after being taken into custody.
Miranda rights are the warnings police must give you when you are in custody and they want to question you. The warnings tell you that you have the right to remain silent, that anything you say can be used against you in court, that you have the right to an attorney, and that if you cannot afford an attorney one will be appointed for you. These rights come from the U.S. Supreme Court case Miranda v. Arizona (1966).
Police are only required to give Miranda warnings before a custodial interrogation – meaning you are not free to leave and they are asking you questions designed to get you to make incriminating statements. A casual conversation or a traffic stop does not always require Miranda warnings.
Why it matters: If the police question you in custody without reading your Miranda rights, any statements you make may be thrown out of court. This can be a powerful defense in a criminal case. However, Miranda only protects against forced self-incrimination during questioning – it does not prevent your arrest, and evidence gathered in other ways can still be used against you.
Example: After being arrested on suspicion of theft, a detective begins asking you questions at the police station without reading your Miranda rights. You make a statement admitting involvement. Your attorney can file a motion to suppress that statement, and the judge may rule it cannot be used at trial.
Arrests, police interrogations, and criminal cases where a confession or statement is used as evidence