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In the United States, the Miranda warning is a type of notification customarily given by police to criminal suspects in police custody (or in a custodial interrogation) 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.
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. [1]
In United States law, an example is the case of Miranda v. Arizona , which adopted a prophylactic rule (" Miranda warnings ") to protect the Fifth Amendment right against self-incrimination. The exclusionary rule , which restricts admissibility of evidence in court, is also sometimes considered to be a prophylactic rule. [ 2 ]
Salinas v. Texas, 570 US 178 (2013), is a landmark decision of the Supreme Court of the United States, which the court held 5-4 decision, declaring that the Fifth Amendment's self-incrimination clause does not extend to defendants who simply choose to remain silent during questioning, even though no arrest has been made nor the Miranda rights read to a defendant.
Chavez v. Martinez, 538 U.S. 760 (2003), was a decision of the United States Supreme Court, which held that a police officer does not deprive a suspect of constitutional rights by failing to issue a Miranda warning. However, the court held open the possibility that the right to substantive due process could be violated in certain egregious ...
Case history; Prior: United States v. Dickerson, 971 F. Supp. 1023 (E.D. Va. 1997); reversed, 166 F.3d 667 (4th Cir. 1999).: Holding; The mandate of Miranda v.Arizona that a criminal suspect be advised of certain constitutional rights governs the admissibility at trial of the suspect's statements, not the requirement of 18 U.S.C. § 3501 that such statements simply be voluntarily given.
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Escobedo v. Illinois, 378 U.S. 478 (1964), is a United States Supreme Court case holding that criminal suspects have a right to counsel during police interrogations under the Sixth Amendment. [1] The case was decided a year after the court had held in Gideon v. Wainwright that indigent criminal defendants have a right to be provided counsel at ...