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The Miranda rule applies to the use of testimonial evidence in criminal proceedings that is the product of custodial police interrogation. The Miranda right to counsel and right to remain silent are derived from the self-incrimination clause of the Fifth Amendment. [Note 3] Therefore, for the Miranda to apply, six requirements must be fulfilled: 1.
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.
Ernesto Arturo Miranda was born in Mesa, Arizona, on March 9, 1941. Miranda began getting in trouble when he was in grade school. Shortly after his mother died, his father remarried. Miranda and his father did not get along very well; he kept his distance from his brothers and stepmother as well.
Under Miranda v. Arizona, evidence obtained by police during interrogation of a suspect before he has been read his Miranda rights is inadmissible. [1] 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.
The form of the Miranda warning varies based on jurisdiction, but it usually follows this pattern: You have the right to remain silent. Anything you say can be used against you in a court of law. You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
Before custodial interrogations, police are required to give suspects a Miranda warning that informs suspects of their legal rights during interrogation. However, Alvarado was not given a Miranda warning at any time during questioning. [2] This would form part of the basis for Alvarado's legal defense.
The Miranda rule prohibits the use of testimonial evidence in criminal proceedings that is the product of custodial police interrogation unless the police properly advise the defendant of his Fifth Amendment rights and the defendant knowingly, intelligently and voluntarily waives those rights and agrees to talk to the police.
Per Miranda v. Arizona, 384 U.S. 436, 444 (1966), [1] "custodial interrogation [refers to] questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way." The United States Supreme Court has clarified that a person is being subjected to a ...