<P> The Miranda warning is part of a preventive criminal procedure rule that law enforcement are required to administer to protect an individual who is in custody and subject to direct questioning or its functional equivalent from a violation of his or her Fifth Amendment right against compelled self - incrimination . In Miranda v. Arizona ( 1966 ) , the Supreme Court held that the admission of an elicited incriminating statement by a suspect not informed of these rights violates the Fifth Amendment and the Sixth Amendment right to counsel , through the incorporation of these rights into state law . Thus , if law enforcement officials decline to offer a Miranda warning to an individual in their custody , they may interrogate that person and act upon the knowledge gained , but may not use that person 's statements as evidence against them in a criminal trial . </P>
<P> The Miranda warning is part of a preventive criminal procedure rule that law enforcement are required to administer to protect an individual who is in custody and subject to direct questioning or its functional equivalent from a violation of his or her Fifth Amendment right against compelled self - incrimination . In Miranda v. Arizona ( 1966 ) , the Supreme Court held that the admission of an elicited incriminating statement by a suspect not informed of these rights violates the Fifth Amendment and the Sixth Amendment right to counsel , through the incorporation of these rights into state law . Thus , if law enforcement officials decline to offer a Miranda warning to an individual in their custody , they may interrogate that person and act upon the knowledge gained , but may not use that person 's statements as evidence against them in a criminal trial . </P>
the miranda warning explains a person 's rights under the
the miranda warning explains a person 's rights under the
Fifth Amendment
Fifth Amendment