Title: Fifth Amendment Miranda Rights - FindLaw
Headings: Fifth Amendment Miranda Rights
Fifth Amendment Miranda Rights
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Fifth Amendment Miranda Rights at a Glance
What if the Police Fail to Advise Me of My Miranda Rights?
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Content: This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Fifth Amendment Miranda Rights at a Glance
Miranda rights are rooted in the Fifth Amendment's protection against self-incrimination. Petitioner Ernesto Miranda confessed to a violent crime after two hours of police interrogation and signed a statement that he confessed: " with the full knowledge of [my] legal rights, understanding any statement I make may be used against me." However, he was never explained these rights. The Court ruled that the interrogation was coercive in nature and that he wasn't informed about his right to an attorney. Therefore, they concluded, he didn't voluntarily waive these rights when he signed the statement because he didn't understand his rights. Had he retained legal counsel, he probably wouldn't have been so forthcoming during the interrogation. What if the Police Fail to Advise Me of My Miranda Rights? When police officers question a suspect in custody without first giving the Miranda warning, any statement or confession made is presumed to be in voluntary, and can't be used against the suspect in any criminal case.