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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.
In a decision without a majority opinion, three justices wrote that the Miranda warnings were merely intended to prevent violations of the Constitution, and that because Patane's un-Mirandized testimony was not admitted at trial, the Constitution (specifically the Fifth Amendment's protection against self-incrimination) had not been violated.
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 ...
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Berghuis v. Thompkins, 560 U.S. 370 (2010), is a landmark decision by the Supreme Court of the United States in which the Court held that, unless and until a criminal suspect explicitly states that they are relying on their right to remain silent, their voluntary statements may be used in court and police may continue to question them.
Created Date: 8/30/2012 4:52:52 PM
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.
Smith was arrested, understood his Miranda rights, and when asked if he wanted a lawyer, Smith responded yes. However, his request for counsel was deemed ambiguous because he continued to answer questions during the investigation before a lawyer was present, thus terminating his request. [7] In the following case, State v.