Miranda Warning

Chief Justice Earl Warren wrote the Miranda warning, which criminal suspects have been read since the U.S. Supreme Court mandated it in 1966. Above: Justice Warren led the Supreme Court from 1953 to 1969.

If you have ever watched a crime drama on television, you have probably seen the officer advise the suspect of his or her Miranda Rights. This warning is read after an arrest has been made and before police questioning is conducted.

The Miranda Warning says:

"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 provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak with me?"

What does this mean?

·       You have the right to remain silent.

·       If you do say anything, what you say can be used against you in a court of law.

·       You have the right to consult with a lawyer and have that lawyer present during any questioning.

·       If you cannot afford a lawyer, one will be appointed for you if you so desire.

·       If you choose to talk to the police officer, you have the right to stop the interview at any time. (This part of the warning is usually omitted from the screenplay.)

Many people believe that if they are arrested and not "read their rights," they can escape punishment. Not true. Generally, if the police fail to read a suspect his or her Miranda rights, the prosecutor can't use anything the suspect says as evidence against the suspect at trial.  There are some exceptions to this protection, which is why your best bet is to remain SILENT when questioned by police.

Consequences of Failure to Provide Miranda Warning:

Without a Miranda warning, nothing a person says in response to a custodial questioning can be used as evidence against the person at his or her trial. In addition, under the "fruit of the poisonous tree" rule, if the police find evidence as a result of an interrogation that violates the Miranda rule, that evidence is also inadmissible at trial.

Example:

If a suspect tells the police where a weapon is hidden and it turns out that the suspect provided this information in response to improper questioning, the police will not be able to use the weapon as evidence -- unless the police can prove that they would have found the weapon without the suspect's statements.

Bottom Line:  Even though you have some protections under Miranda:  You should never speak to the police without an attorney present!!!