You Have the Right
In most cases, before making an arrest a police officer must read this list of rights to the suspect. It is called the Miranda warning because of the 1966 Supreme Court decision, Miranda v. Arizona. When Ernesto Miranda was arrested and questioned by the police, the information he gave them was used against him at his trial. This was a direct violation of the Fifth Amendment of the Bill of Rights. Miranda appealed, claiming that his rights were violated. The Supreme Court agreed; since then, in most cases people are read the Miranda warning upon arrest.
- You have the right to remain silent and refuse to answer any questions.
- Anything you say may be used against you in a court of law.
- As we discuss this matter, you have a right to stop answering my questions at any time you desire.
- You have a right to a lawyer before speaking to me, to remain silent until you can talk to him or her, and to have your lawyer present when you are being questioned.
- If you want a lawyer but cannot afford one, one will be provided to you without cost.
- Do you understand each of these rights I have explained to you?
- Now that I have advised you of your rights, are you willing to answer my questions without an attorney present?
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