Law Enforcement/Procedures/Miranda Rights

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Miranda Rights

  • It is important to note that Miranda rights do not go into effect until after an arrest is made. The officer is free to ask questions before an arrest, but must inform the suspect that the questioning is voluntary and that he or she is free to leave at any time. The answers to these questions are admissible in court.

  • After placing the suspect under arrest, the officer will say something similar to, “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have a right to an attorney. If you cannot afford an attorney, one will be appointed for you.”

The Six Rules

The Miranda rule applies to the use of testimonial evidence in criminal proceedings that is the product of custodial police interrogation. Miranda right to counsel and right to remain silent are derived from the self-incrimination clause of the Fifth Amendment. Therefore, for Miranda to apply, six requirements must be fulfilled: 1.Evidence must have been gathered. 2.The evidence must be testimonial. 3.The evidence must have been obtained while the suspect was in custody. 4.The evidence must have been the product of interrogation. 5.The interrogation must have been conducted by state-agents. 6.The evidence must be offered by the state during a criminal prosecution

Reference Material