US – Miranda rights were established on June 13, 1966, since then they have become one of the cornerstones to American Rights.
Miranda rights are a set of legal rights that must be read to individuals who are taken into police custody and are about to be interrogated. Also known as the Miranda warning or Miranda rule, these rights are intended to protect the Fifth Amendment rights of individuals against self-incrimination during police questioning.
The Miranda rights are based on the landmark 1966 U.S. Supreme Court case Miranda v. Arizona. In that case, the Court ruled that law enforcement officers must inform individuals of their right to remain silent, their right to an attorney, and their right to have an attorney appointed to them if they cannot afford one before any questioning begins. The Miranda warning typically includes the following key elements:
– The right to remain silent: Individuals have the right to refuse to answer any questions asked by law enforcement officers.
– The right to an attorney: Individuals have the right to have an attorney present during any police questioning.
– The right to have an attorney appointed: If individuals cannot afford an attorney, the court will appoint one for them.
– The warning that anything said can be used against them in court: Anything individuals say during police questioning can be used as evidence against them in court.
It is important to note that the Miranda warning only applies to individuals who are in police custody and are being interrogated. It does not apply to routine questioning or voluntary statements made to law enforcement officers.
If law enforcement officers fail to read an individual their Miranda rights, any statements made during the interrogation may be excluded from evidence in court. However, the failure to read Miranda rights does not automatically mean that a case will be dismissed. Other evidence may still be admissible, and the prosecution may still be able to make a case without the statements made during the interrogation.
In addition to the Miranda warning, individuals also have the right to refuse consent to a search of their person, home, or vehicle. If law enforcement officers do not have a warrant or probable cause to conduct a search, individuals may refuse to consent to the search.
Overall, the Miranda warning and the right against self-incrimination are important protections for individuals who are in police custody and being interrogated. These rights ensure that individuals are aware of their legal options and can make informed decisions about how to proceed during police questioning.
