Miranda v. Arizona

In 1966, the U.S. Supreme Court decided the historic case of Miranda v. Arizona, declaring that whenever a person is taken into police custody, before being questioned he or she must be told of the Fifth Amendment right not to make any self-incriminating statements. As a result of Miranda, anyone in police custody must be told four things before being questioned:

Miranda Warnings:

– 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 appointed for you.

You should understand that you have the right to remain silent. You have the right to an attorney and to have your attorney present during any questioning. You also have the right to stop the questioning at any time. You are not required to answer any questions or make any statements.

When police officers question a suspect in custody without first giving the Miranda warning, any statement or confession made is presumed to be involuntary, and cannot be used against the suspect in any criminal case. Any evidence discovered as a result of that statement or confession will likely also be thrown out of the case.

Rules to Live By:

Rule Number 1: Do not talk to the police.
Rule Number 2: Always follow Rule Number 1.
Rule Number 3: First thing, ask for a lawyer.

Your right to remain silent is a valuable right – do not give it up.

You Have The Right To Remain Silent…

Rule Number 1: Do not talk to the police.
Rule Number 2: Always follow Rule Number 1.

Don’t think the police are your friends. When you talk to them – you are only hurting yourself. Even innocent conversations can come back to bite you. Take my advice, never cooperate with the police.

Rule Number 3: First thing, ask for a lawyer.

You do not have to talk to the police. The first thing you should do is ask for a lawyer. Exercise your right to remain silent until you talk to a lawyer. You will be glad you did.

Know the law – You do have the right to remain silent. In pertinent part, the Fifth Amendment to the United States Constitution provides:

No person … shall be compelled in any criminal case to be a witness against himself….

Fifth Amendment / United States Constitution