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In the United States, the Miranda warning is a type of notification customarily given by police to criminal suspects in police custody (or in a custodial interrogation) advising them of their right to silence and, in effect, protection from self-incrimination; that is, their right to refuse to answer questions or provide information to law enforcement or other officials.
[85] [86] If police detain (or arrest) a person, they must advise him or her that he or she has a right to remain silent, and the right to an attorney, among other rights. (This is known as the Miranda warning.) If the detained person invokes these rights, all interrogation must cease, and ordinarily nothing said by the defendant in violation ...
A special warning is given indicating that refusal to do so constitutes an offence in itself. Under the Police Reform Act 2002 a person failing to provide a constable in uniform or designated person their name and address where they are suspected of having behaved or behaving in an anti-social manner is a criminal offence.
Rhode Island v. Innis, 446 U.S. 291 (1980), is a decision by the United States Supreme Court that clarifies what constitutes "interrogation" for the purposes of Miranda warnings. Under Miranda v. Arizona, police are forbidden from interrogating a suspect once he has asserted his right to counsel under the Sixth Amendment.
In other projects Wikidata item; Appearance. move to sidebar hide. Help. Pages in category "Miranda warning case law" The following 26 pages are in this category, out ...
Miranda v. Arizona, 384 U.S. 436 (1966), was a landmark decision of the U.S. Supreme Court in which the Court ruled that law enforcement in the United States must warn a person of their constitutional rights before interrogating them, or else the person's statements cannot be used as evidence at their trial.
A Miranda warning is required only when a person is in custody (i.e., is not free to leave) and is being interrogated, and the results of this interrogation are to be used in court [27]. An officer is not required to inform a person of the Miranda rights if the officer will not be questioning the detainee any further after the arrest.
In United States law, an example is the case of Miranda v. Arizona , which adopted a prophylactic rule (" Miranda warnings ") to protect the Fifth Amendment right against self-incrimination. The exclusionary rule , which restricts admissibility of evidence in court, is also sometimes considered to be a prophylactic rule. [ 2 ]