POLICE Protocols, Procedures
Miranda Rights Issues
IN THIS SECTION - MIRANDA RIGHTS
Miranda Rights: What it is, How it Works
1966 US Supreme Court Case Miranda v. Arizona
5th Amendment connection
When police violate Miranda
Articles More Detail
US Title 1983
Whether “statements obtained from an individual who is subjected to custodial police interrogation” are
admissible against him in a criminal trial and whether “procedures which assure that the individual is
accorded his privilege under the Fifth Amendment to the Constitution not to be compelled to incriminate
himself” are necessary.
Supreme Court holding
The Court held that “there can be no doubt that the Fifth Amendment privilege is available outside of
criminal court proceedings and serves to protect persons in all settings in which their freedom of action is
curtailed in any significant way from being compelled to incriminate themselves.” As such, “the prosecution
may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the
defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against
self-incrimination. By custodial interrogation, we mean questioning initiated by law enforcement officers
after a person has been taken into custody or otherwise deprived of his freedom of action in any significant
MIRANDA RIGHTS: What it is, How it works
What it is, amendments involved, when police violate it
1966 US Supreme Court Case - Miranda v. Arizona
What is the Miranda rights case?
The term "Miranda Rights" comes from a historic 1966 U.S. Supreme Court case called Miranda v. Arizona. The
court held that if the police want to question (interrogate) a person in police custody, they must tell them of
the Fifth Amendment protection against self-incriminating statements and their right to an attorney.
Fifth Amendment Miranda Rights - FindLaw
5th Amendment Connection
…they must tell them of the Fifth Amendment protection against self-incriminating statements and their
right to an attorney
What amendment was involved in the Miranda v Arizona case?
The foundation of the Miranda v. Arizona case is found in the Constitution. The 5th Amendment to the
United States Constitution requires suspects of crimes to be informed of their rights during an arrest,
including the right to remain silent.
Miranda V Arizona - Kids | Laws.com
When do police violate the Miranda rule?
But if the police fail to read a suspect his or her rights, the prosecutor can't use anything the suspect says as
evidence against the suspect at trial. Most of the time, when the police fail to follow the Miranda rule, the
defendant's statements cannot be used against him or her at trial -- but there are several exceptions.
When Police Violate the Miranda Rule - Nolo.com
What are the requirements for Miranda rights?
Miranda laws require that the person be read their rights, which are: the right to be silent, the right to
request an attorney, and the right to have an attorney provided by the state in the event that they can’t
NM Mexico Encyclop. of Law-Miranda Rights
Miranda Rights dot org
[Note: although this article goes on to discuss a labor dispute involving age discrimination, it starts out discussing
another issue involving Miranda Rights]
2003/04/22 constitutional ban on forced confessions
US: Supreme Court to Rule on General Dynamics Age Discrimination Case
Published by Washington Post | By Charles Lane | Tuesday, April 22, 2003
The Supreme Court announced yesterday that it will review a Colorado case that could help further define the
constitutional ban on forced confessions. At issue is whether physical evidence that authorities discovered
because of what a suspect told them before being fully informed of his rights should have been admissible in
Under the court's famous 1966 Miranda ruling, a suspect's statement in police custody cannot be used against him
unless police first tell him that he has a right to remain silent and to have a lawyer present during questioning.
But in this case, U.S. v. Patane, No. 02-1183, the issue is whether courts must also exclude physical evidence police
find based on information a suspect gave without first being "Mirandized."
[Accessed 2021/02/15; Published by Washington Post | By Charles Lane | Tuesday, April 22, 2003]
What are some examples of Miranda rights?
Example of Miranda Rights in Use. Police arrest Mark for burglary. After he is taken into custody, the officers start
interrogating him about the crime, without reading him his Miranda rights. Mark describes certain elements of the
crime, which basically amounts to a confession.
Miranda Rights - Definition, Examples, Cases, Processes
Reason dot com
2021/02/19 New Mexico Could Be the Third State To Authorize Lawsuits Against Abusive Cops Without
Qualified Immunity: A bill approved by the state House would let people sue government officials for
violating rights protected by the state constitution. By Jacob Sullum
US TITLE 1983
Updates: 2021/10/06 editing; 2021/09/29 additions and editing