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 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.” Statements made by a defendant outside of court, such as during a police interrogation, are not considered hearsay and are therefore admissible in court as evidence of guilt. “He has a right to the presence of an attorney, either retained or appointed.” A suspect has the right to an attorney of his or her choice during a police interrogation. Indigent suspects may be entitled to representation, at no expense to them, by a public defender or court-appointed attorney. “The defendant may waive effectuation of these rights, provided the waiver is made voluntarily, knowingly and intelligently.”