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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 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 ]
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.
(This is known as the Miranda warning.) If the detained person invokes these rights, all interrogation must cease, and ordinarily nothing said by the defendant in violation of this rule may be admitted against him or her at trial. [87] [88] The form of the Miranda warning varies based on jurisdiction, but it usually follows this pattern:
In the United States, Miranda warnings were established from the Supreme Court case Miranda v. Arizona and upheld in Dickerson v. United States, establishing that under the Fifth Amendment to the United States Constitution, statements made by a suspect while both in police custody and directly being questioned cannot be used as evidence in trial unless they were notified of their rights to ...
A special warning is given indicating that refusal to do so constitutes an offence in itself. Under the Police Reform Act 2002 a person failing to provide a constable in uniform or designated person their name and address where they are suspected of having behaved or behaving in an anti-social manner is a criminal offence.
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Rhode Island v. Innis, 446 U.S. 291 (1980), is a decision by the United States Supreme Court that clarifies what constitutes "interrogation" for the purposes of Miranda warnings. Under Miranda v. Arizona, police are forbidden from interrogating a suspect once he has asserted his right to counsel under the Sixth Amendment.