Miranda Warning


Definition of Miranda Warning

A Miranda warning is a statement provided to criminal suspects in the United States before they are interrogated in police custody. It informs the suspect of their right to not make any self-incriminating statements under the Fifth Amendment of the U.S. Constitution.

If the Miranda warning is not given before interrogation, anything an individual says while being interrogated cannot be used against them, and any evidence found as a result of that interrogation becomes inadmissible in a court of law.



Miranda Warning Explained

The Fifth Amendment of the United States Constitution gives every citizen in the U.S. the right to remain silent unless the police officer fails to have reasonable suspicion to conduct a search or probable cause to make an arrest. Before being interrogated, it is mandatory for law enforcers to read out this right to an individual. This reading is commonly called a Miranda warning, based on the landmark judgment given by the U.S. Supreme Court in Miranda v. Arizona (1966).

If a person is not given a Miranda warning prior to interrogation, anything they say can't be used against them at a trial. Moreover, if any evidence is found as a result of the interrogation, it will be inadmissible in the trial proceedings. A Miranda warning is one of four things that an individual must be told before interrogation, along with:

  • Their right to remain silent, and the fact that anything they say can and will be used against them a court of law.
  • Their right to an attorney, and that if they can't afford one, one will be appointed for them.




Articles related to Criminal Law