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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.
Miranda v. Arizona, 384 U.S. 436 (1966), was a landmark decision of the U.S. Supreme Court in which the Court ruled that law enforcement in the United States must warn a person of their constitutional rights before interrogating them, or else the person's statements cannot be used as evidence at their trial.
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 ]
At issue is whether the familiar Miranda warning, which the court recognized in its Miranda v. Arizona decision in 1966 and reaffirmed 34 years later, is a constitutional right or has a lesser and ...
A person may choose to waive his Miranda rights, but the prosecution has the burden of showing that such a waiver was actually made. A confession not preceded by a Miranda warning where one was necessary cannot be admitted as evidence against the confessing party in a judicial proceeding. The Supreme Court, however, has held that if a defendant ...
On Thursday, the United States Supreme Court ruled in Carlos Vega v. Terence B. Tekoh that a plaintiff may not sue a police officer for obtaining an improper admission of an “un-Mirandized ...
Pages in category "Miranda warning case law" The following 26 pages are in this category, out of 26 total. This list may not reflect recent changes. ...
The Self-Incrimination Clause of the Fifth Amendment does not require the suppression of a confession, made after proper Miranda warnings and a valid waiver of rights, solely because the police had obtained an earlier voluntary but unwarned admission from the suspect. Court membership; Chief Justice Warren E. Burger Associate Justices