Title: Fifth Amendment Miranda Rights - FindLaw
Headings: Fifth Amendment Miranda Rights
Fifth Amendment Miranda Rights
Why Is It Called Miranda Rights?
What Are Your Miranda Rights?
When Are Miranda Warnings Used?
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Content: Fifth Amendment Miranda Rights - FindLaw
Fifth Amendment Miranda Rights
By FindLaw Staff |  Reviewed by Bridget Molitor, JD | Last updated August 12, 2020
Why Is It Called Miranda Rights? 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. The following is an overview of your Fifth Amendment Miranda rights, including when police must read you your rights and what happens when they fail to do so. What Are Your Miranda Rights? The Miranda warning outlines the following rights: You have the right to remain silent
Anything you say can and will be used against you in a court of law
You have the right to an attorney
If you cannot afford an attorney, one will be appointed for you
This means you can choose not to answer an officer’s questions and may request an attorney. When Are Miranda Warnings Used? While TV shows and movies often show officers giving the Miranda "warning" when they arrest someone, this is not always the reality. A police officer or other official must, by law, tell you the full Miranda warning before custodial interrogation starts.