“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.”
Bill of Rights Amendments V and VI to the Constitution of the United States
The Miranda Warning results from this benchmark USA Supreme Court decision in 1966. That ruling established a mandatory requirement for law enforcement. They must give the Miranda Warning to criminal suspects in police custody or in a custodial interrogation. This warning derives from and is in support of these Bill of Rights Amendments.
The 5th Amendment Right to Silence. The right to refuse to answer questions or provide information to Law Enforcement or other officials.
The 6th Amendment Right to Counsel. The right to have a private retained attorney or free public defender with you at all court hearings.
Failure to administer the Miranda Warning means that any information obtained, even a confession, is not admissible as evidence in federal or California state trial courts.
Emergency Exceptions to the Miranda Rule
Law enforcement officers must provide the Miranda warning if a suspect is in custody and subject to interrogation. Exceptions include at least these.
General Emergency Exception: If officers are acting in proper response to a potential emergency, they do not have to read you your rights.
Emergency Exception at Work: If officers are responding to a felony they do not have to read you your rights..
If you get arrested, call Jeffery K. Rubenstein’s 24/7 Bail Hotline Dispatch.