No person … shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law. U.S. Const. Amend. V.

	Introduction

In Miranda v. Arizona , the Supreme Court held that no statement made by an individual during a custodial interrogation may be admitted into evidence against him at his criminal trial, unless he was first warned of his relevant constitutional rights and waived them. In New York v. Quarles , the Court later held that the Miranda rule was subject to a "public safety" exception. Confessions made during the course of any unnecessary delay are generally inadmissible at the suspect's subsequent criminal trial. Convinced that the coercive atmosphere of a law enforcement custodial interrogation could undermine the protection against self-incrimination, the Court declared that confessions that followed such interrogations could only be admitted in evidence against a defendant if he had been given explicit warnings beforehand. The Court has recognized exceptions to the rule. One, discussed below in greater detail, permits admission into evidence of unwarned statements elicited in the interest of an officer's safety and that of the public. The Court has yet to further refine the exception, but the lower federal appellate courts have construed it narrowly—some more narrowly than others. Miranda Overseas

The Supreme Court has thus far not indicated to what extent, if at all, Miranda applies overseas. The lower federal courts, however, have held that the Miranda warnings ordinarily do not apply to overseas custodial interrogations conducted by foreign officials. Such unwarned statements may be introduced against the defendant, if voluntary and otherwise admissible. They often identify, but rarely find, two exceptions to this general rule of admissibility—where the interrogation is a joint venture in which U.S. officials are joint participants, or where the circumstances shock the conscience of the court. In a case in which overseas statements were offered before an overseas tribunal, a military commission tribunal has concluded that the question of the application of the Fifth Amendment extraterritorially requires a case-by-case consideration. Based on its reading of Boumediene , the tribunal determined that 
when analyzing the extraterritorial application of the Constitution in Guantanamo Bay, the Commission concludes that it should consider (1) the citizenship and status of the detainee and the adequacy of the process through which the status determination was made; (2) the nature of the sites where apprehension and then detention took place; (3) whether practical considerations and exigent circumstances counsel against application of the constitutional right; (4) whether the Executive has provided the accused an adequate substitute for the Constitutional right being sought; (5) whether there is "necessity for the Constitution to apply to prevent injustice; and (6) whether application of the Constitutional right would be "impractical and anomalous." In McNabb v. United States , the Supreme Court was faced with a case in which federal officers had disregarded statutory obligations to promptly present arrested defendants to a committing magistrate. When the various statutory presentation requirements were later superseded by rule 5(a) of the Federal Rules of Criminal Procedure (requiring presentation "without unnecessary delay"), no explicit mention was made of either the McNabb exclusionary rule or any other means of enforcement. It states that a presentation delay of less than six hours does not by itself render a voluntary confession inadmissible. The Court held that Congress intended to modify, not repudiate, McNabb-Mallory . Comparable provisions do not appear to have been introduced since. 111-186 ), would have prohibited the use of funds authorized for appropriation under the bill to provide Miranda warnings to foreign nationals outside the United States who were either in the custody of the Armed Forces or believed to have terrorist-related information. 570 would have directed the Secretary of Homeland Security to provide the House with information relating to the immigration status of any foreign national captured in Afghanistan who was given Miranda warnings by the Justice Department, was in the Defense Department's custody, was suspected of terrorism, and might have been subject to a transfer or release into the United States for civilian or military proceedings.
The Fifth Amendment to the United States Constitution provides in part that "No person ... shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law." In Miranda v. Arizona, the Supreme Court declared that statements of an accused, given during a custodial interrogation, could not be introduced in evidence in criminal proceedings against him, unless he were first advised of his rights and waived them. In Dickerson v. United States, the Court held that the Miranda exclusionary rule was constitutionally grounded and could not be replaced by a statutory provision making all voluntary confessions admissible. In New York v. Quarles, the Court recognized a "limited" "public safety" exception to Miranda, but has not defined the exception further. The lower federal courts have construed the exception narrowly in cases involving unwarned statements concerning the location of a weapon possibly at hand at the time of an arrest.
The Supreme Court has yet to decide to what extent Miranda applies to custodial interrogations conducted overseas. The lower federal courts have held that the failure of foreign law enforcement officials to provide Miranda warnings prior to interrogation does not preclude use of any resulting statement in a subsequent U.S. criminal trial, unless interrogation was a joint venture of U.S. and foreign officials or unless the circumstances shock the conscience of the court. They suggest that warnings are a prerequisite for admissibility in U.S. courts following overseas interrogation by U.S. officials.
Miranda applies to courts-martial that are subject to a requirement for an additional warning under the Uniform Code of Military Justice. The statutory provisions governing military commissions call for the admission of some unwarned, involuntary custodial statements. At least one tribunal operating under those provisions has concluded that the Fifth Amendment protections do not apply in the commission trial at Guantanamo Bay of an unprivileged foreign belligerent.
Rule 5 of the Federal Rules of Criminal Procedure requires that federal arrestees be brought before a committing magistrate without unnecessary delay. In the McNabb v. United States and Mallory v. United States cases, the Court declared inadmissible confessions extracted during a period of unnecessary delay. The cases were decided under the Court's supervisory authority over the lower federal courts, and in Corley v. United States, the Court held that McNabb-Mallory had been statutorily supplemented with a provision that made admissible voluntary confession given within six hours of presentment. Neither Miranda nor McNabb-Mallory violations preclude the subsequent prosecution of the accused; they simply preclude the uninvited use of any unwarned, unwaived statements in such prosecutions.
The 111th Congress featured a number of proposals, some of which would have prohibited the use of funds to provide Miranda warnings; others would have restricted their use in the interrogation of high-value detainees overseas; and still others would have called upon the Administration to provide Congress with information related to the use of Miranda warnings in such circumstances. No comparable proposals appear to have been introduced in later Congresses.
A related discussion can be found in a Legal Sidebar entitled, Miranda Warnings: The Public Safety Exception in Boston.