In the United States, the Miranda warning is a type of notification customarily given by police to criminal suspects in police custody advising them of their right to silence and, in effect, protection from self-incrimination; that is, their right to refuse to answer questions or provide information to law enforcement or other officials. Named for the U.S. Supreme Court's 1966 decision Miranda v. Arizona, these rights are often referred to as Miranda rights. The purpose of such notification is to preserve the admissibility of their statements made during custodial interrogation in later criminal proceedings. The idea came from law professor Yale Kamisar, who subsequently was dubbed "The father of Miranda."
Miranda v. Arizona, 384 U.S. 436 (1966), was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Fifth Amendment to the U.S. Constitution restricts prosecutors from using a person's statements made in response to interrogation in police custody as evidence at their trial unless they can show that the person was informed of the right to consult with an attorney before and during questioning, and of the right against self-incrimination before police questioning, and that the defendant not only understood these rights but also voluntarily waived them.
The right to silence is a legal principle which guarantees any individual the right to refuse to answer questions from law enforcement officers or court officials. It is a legal right recognized, explicitly or by convention, in many of the world's legal systems.
Ernesto Arturo Miranda was an American criminal and laborer whose conviction on kidnapping, rape, and armed robbery charges based on his confession under police interrogation was set aside in the landmark U.S. Supreme Court case Miranda v. Arizona, which ruled that criminal suspects must be informed of their right against self-incrimination and their right to consult with an attorney before being questioned by police. This warning is known as a Miranda warning.
Dickerson v. United States, 530 U.S. 428 (2000), upheld the requirement that the Miranda warning be read to criminal suspects and struck down a federal statute that purported to overrule Miranda v. Arizona (1966).
Massiah v. United States, 377 U.S. 201 (1964), was a case in which the Supreme Court of the United States held that the Sixth Amendment to the United States Constitution prohibits the government from eliciting statements from the defendant about themselves after the point that the Sixth Amendment right to counsel attaches.
Oregon v. Bradshaw, 462 U.S. 1039 (1983), applied the rule first announced in Edwards v. Arizona (1981) and clarified the manner in which a suspect may waive his right under Miranda v. Arizona (1966) to have counsel present during interrogation by the police.
Garrity v. New Jersey, 385 U.S. 493 (1967), was a case in which the Supreme Court of the United States held that law enforcement officers and other public employees have the right to be free from compulsory self-incrimination. It gave birth to the Garrity warning, which is administered by investigators to suspects in internal and administrative investigations in a similar manner as the Miranda warning is administered to suspects in criminal investigations.
The Fifth Amendment to the United States Constitution creates several constitutional rights, limiting governmental powers focusing on criminal procedures. It was ratified, along with nine other articles, in 1791 as part of the Bill of Rights.
Fellers v. United States, 540 U.S. 519 (2004), is a United States Supreme Court case regarding the Sixth Amendment's right to counsel.
Berkemer v. McCarty, 468 U.S. 420 (1984), is a decision of the United States Supreme Court that ruled that a person in police custody following a misdemeanor traffic offense was entitled to the protections of the Fifth Amendment pursuant to the decision in Miranda v. Arizona 384 U.S. 436 (1966). Previously, some courts had been applying Miranda only to serious offenses.
Michigan v. Jackson, 475 U.S. 625 (1986), was a case decided by the United States Supreme Court regarding the Sixth Amendment's right to counsel in a police interrogation. In a decision written by Justice Stevens, the Court held that once an accused individual has claimed a right to counsel at a plea hearing or other court proceeding, a waiver of that right during later police questioning would be invalid unless the accused individual initiated the communication.
Maryland v. Shatzer, 559 U.S. 98 (2010), was a United States Supreme Court case in which the Court held that police may re-open questioning of a suspect who has asked for counsel if there has been a 14-day or more break in Miranda custody. The ruling distinguished Edwards, which had not specified a limit.
Edwards v. Arizona, 451 U.S. 477 (1981), is a decision by the United States Supreme Court holding that once a defendant invokes his Fifth Amendment right to counsel, police must cease custodial interrogation. Re-interrogation is only permissible once defendant's counsel has been made available to him, or he himself initiates further communication, exchanges, or conversations with the police. Statements obtained in violation of this rule are a violation of a defendant's Fifth Amendment rights.
Rhode Island v. Innis, 446 U.S. 291 (1980), is a decision by the United States Supreme Court that clarifies what constitutes "interrogation" for the purposes of Miranda warnings. Under Miranda v. Arizona, police are forbidden from interrogating a suspect once he has asserted his right to counsel under the Sixth Amendment. In Innis, the court held that interrogation is not just direct questioning but also its "functional equivalent"; namely, "any words or actions on the part of the police ... that the police should know are reasonably likely to elicit an incriminating response."
Berghuis v. Thompkins, 560 U.S. 370 (2010), is a landmark decision by the Supreme Court of the United States in which the Court considered the position of a suspect who understands their right to remain silent under Miranda v. Arizona and is aware that they have the right to remain silent, but does not explicitly invoke or waive the right.
Brewer v. Williams, 430 U.S. 387 (1977), is a decision by the United States Supreme Court that clarifies what constitutes "waiver" of the right to counsel for the purposes of the Sixth Amendment. Under Miranda v. Arizona, evidence obtained by police during interrogation of a suspect before he has been read his Miranda rights is inadmissible. Here, however, the defendant had been indicted in court and had asserted his desire to have counsel, thus his Sixth Amendment right to counsel had attached. At issue was whether a voluntary admission of incriminating facts in response to police statements made while the defendant was in custody and outside the presence of his lawyer constituted a waiver of this right to counsel.
J.D.B. v. North Carolina, 564 U.S. 261 (2011), was a case in which the Supreme Court of the United States held that age and mental status is relevant when determining police custody for Miranda purposes, overturning its prior ruling from seven years before. J.D.B. was a 13-year-old student enrolled in special education classes whom police had suspected of committing two robberies. A police investigator visited J.D.B. at school, where he was interrogated by the investigator, a uniformed police officer, and school officials. J.D.B. subsequently confessed to his crimes and was convicted. J.D.B. was not given a Miranda warning during the interrogation, nor an opportunity to contact his legal guardian.
Yarborough v. Alvarado, 541 U.S. 652 (2004), is a United States Supreme Court case in which the Court declined to overturn a state court's conclusion that a minor was not in custody for Miranda purposes during his police interview. Michael Alvarado helped his friend Paul Soto steal a truck in Santa Fe Springs, California. The truck owner was killed by Soto during the robbery and Alvarado was convicted of second-degree murder for his role in the crime. The evidence for Alvarado's conviction was primarily based on statements given by Alvarado during a two-hour police interrogation that occurred when Alvarado's parents brought him to the police station. Alvarado was 17 years old and was not read his Miranda rights before questioning. During Alvarado's murder trial in a state court, motions to suppress the statements given by Alvarado were denied on the ground that Alvarado was not in police custody at the time of the interrogation and thus did not have to be read his Miranda rights. Alvarado appealed his conviction, claiming that the determination that he was not in custody was incorrect because the courts did not take his age into account.
Howes v. Fields, 565 U.S. 499 (2012), was a decision by the U.S. Supreme Court that an interrogation of a prisoner was not a custodial interrogation per se, and certainly it was not "clearly established federal law" that it was custodial, as would be required by the Antiterrorism and Effective Death Penalty Act (AEDPA). Instead, the Court said, whether the interrogation was custodial depended on the specific circumstances, and moreover, in the particular circumstances of this case, it was not custodial. This decision overturned the rule of the Sixth Circuit, and denied the prisoner's habeas corpus petition.
