Title: What Are Miranda Rights? | Justia
Headings: Miranda Rights
Miranda Rights
Miranda v. Arizona
Key Fact
Police Custody
Custody
The Miranda Warnings
Use Miranda Rights to Delay an Interview
The “Public Safety Exception”

Content: The Supreme Court ruled that the coercive nature of the police’s custodial interrogation required them to advise the defendant of his Fifth and Sixth Amendment rights. It further ruled that an interrogation must cease if a suspect asserts the right to silence or to an attorney. Police Custody
Police do not have a duty to read the Miranda warnings to a suspect until they take the person into custody for a formal interrogation or place him or her under arrest. If a person speaks to the police voluntarily, the point at which they are obligated to read the suspect the Miranda rights is not always clear. The Supreme Court dealt with this sort of situation in Salinas v. Texas, 570 U.S. 178 (2013), when a man spoke to investigators voluntarily and did not assert any of the Miranda rights. The court held that his non-verbal conduct was admissible as evidence of his guilt, since the police had not arrested him yet. Custody
Custody = a reasonable person under the circumstances would not believe that they were free to terminate an interrogation and leave
The Miranda Warnings
The specific warnings that police must give are listed by the court in the Miranda opinion at 384 U.S. at 444-45: “He has a right to remain silent.” This refers to the right to silence, or right against self-incrimination, found in the Fifth Amendment. “Any statement he does make may be used as evidence against him.”