Title: Miranda v. Arizona, 384 U.S. 436 (1966)- American Civil Liberties
Headings: Miranda v. Arizona, 384 U.S. 436 (1966)
Miranda v. Arizona, 384 U.S. 436 (1966)
References and Further Reading
Cases and Statutes Cited

Content: Miranda’s roots, therefore, lie in the Fifth Amendment—the right to be free from self-incrimination. The Supreme Court held that under two circumstances a person must be given precautionary warnings, creating the two-prong test of Miranda. The first prong is custody, which is when a person is in the custody of law enforcement or his or her freedom of movement is restricted by law enforcement. The second prong is interrogation, which is when the person is then questioned about a criminal matter in which he or she is involved. If the two-prong test is met, the precautionary warnings must be given if the information obtained is to be admissible. The warnings are as follows: The person must be advised of his right to remain silent and that anything said could be used in court against him. The person has the right to have an attorney present during questioning, whether he can afford one or not. The person can waive his rights but only if it is done in a knowing, voluntary, and intelligent manner. If the person does not waive his rights, the police may not question him.