"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:
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:
If you get arrested, call Jeffery K. Rubenstein's 24/7 Bail Hotline Dispatch.
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Sample Miranda Warning form.