You’ve probably heard the words, “You have the right to remain silent…” and all that follows that phrase dozens of times in movies and on TV – and you learned about the obligation of the police to “Mirandize” suspects in Civics class in school.
But understanding what a Miranda warning is and when it’s actually used in real life can be two different things. While Miranda rights warnings are critical in preserving any individual’s Fifth Amendment right against self-incrimination, the timing and circumstances under which they must be given are often misunderstood.
What are Miranda rights?
If you are unfamiliar with their origin, “Miranda” rights get their name from the 1966 U.S. Supreme Court case Miranda v. Arizona. The Court ruled that law officers cannot interrogate someone in custody without first informing them:
- They have the right to remain silent (right against self-incrimination)
- Anything they do say can be used in court as incriminating evidence
- They have a right to an attorney’s representation during questioning
- An attorney can be appointed for them, at public cost, if they cannot afford one
These reminders are designed to let people know that they don’t have to talk to the authorities if they don’t choose.
When are Miranda warnings required?
Miranda rights are actually NOT required to be read upon arrest. That’s a very common misconception. For Miranda warnings to be required, a suspect must both be in custody and about to be interrogated.
It’s important to note that “custody” is any situation where a reasonable person would believe they are not free to leave – not just when they are in handcuffs. “Interrogation” refers to any direct questioning by the police that is likely to pull forth an incriminating response. It does not include situations where a suspect makes unprompted, voluntary statements without being questioned – which happens often when people try to talk their way out of an arrest.
It’s important to vocally assert your intent to remain silent when you’re interacting with the police. That’s the best way to protect your rights and your future.