The Miranda rights ( Miranda warning ) is a notification given to a person in police custody who is accused of committing a crime or criminal offence.
The accused is given the right to remain silent, meaning they can refuse to answer questions or give information to law enforcement officials. They also have the right to have an attorney during their interrogation. If they can not afford one, the court will appoint an attorney for them.
The Miranda warning is only given if the individual in question is about to be interrogated, and not if arrested only.
This warning was established as part of the Fifth Amendment right against self incrimination. Any evidence obtained from an accused person without them being Mirandized can not be used as evidence in court.
Miranda v. Arizona was a landmark decision of the U.S. Supreme Court in 1966. There, it was decided that statements made by the defendant in an interrogation would only be admissible at trial if the individual was aware of his rights ( silence, attorney ), and that the individual understood the rights and voluntarily waived them.
