Miranda vs. Arizona 1966

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." 

Bill of Rights Amendments V and VI to the Constitution of the United States

The Miranda Warning results from this benchmark USA Supreme Court decision in 1966. That ruling established a mandatory requirement for law enforcement. They must give the Miranda Warning to criminal suspects in police custody or in a custodial interrogation.This warning derives from and is in support of these Bill of Rights Amendments:

  • The 5th Amendment Right to Silence. The right to refuse to answer questions or provide information to Law Enforcement or other officials.
  • The 6th Amendment Right to Counsel. The right to have a private;y retained attorney or free public defender with you at all court hearings.

Failure to administer the Miranda Warning means that any information obtained, even a confession, is not admissible as evidence in federal or California state trial courts.

Emergency Exceptions to the Miranda Rule

Law enforcement officers must provide the Miranda warning if a suspect is in custody and subject to interrogation. Exceptions include:

  • General Emergency Exception: If officers are acting in proper response to a potential emergency, they do not have to read you your rights. 
  • Emergency Exception at Work: If officers are responding to a felony they do not have to read you your rights..

If you get arrested, call Jeffery K. Rubenstein's 24/7 Bail Hotline Dispatch. 

Call now: 1 310 447-2100  

Sample Miranda Warning form.

Sample Miranda Warning form.