"Miranda Rights" originated from the 1966 Miranda v. Arizona case.

Ernesto Miranda was arrested in Phoenix on charges of rape and kidnapping. Miranda was taken directly to the police station, held, and questioned for two hours. The police even received a signed confession.

The Supreme Court found in Miranda's favor, however, because the police neglected to inform him of his right to council, or the fact that whatever he stated could be used against him in court.

"Miranda Rights" can only be given if police questioning occurs during custodial interrogation. Custodial interrogation consists of both custody and interrogation.

"Custody" is defined as a suspect that has either A) been formally arrested, or B) been deprived of their freedom of movement in any significant way. Custody does not necessarily mean a formal arrest.

"Interrogation" is defined as A) a time when a suspect is subject to express questioning, or B) words or actions by law officials which are likely to elicit a response from the suspect.

The Miranda Rights consist of the following:

  • The right to remain silent;
  • The right to be informed that anything the suspect says can be used against them;
  • The right to have an attorney present during custodial interrogation;
  • The right to an appointed attorney upon the suspect being unable to afford one

Avoid being put in the situation where these will be read to you, but if you are placed in such a situation, make absolutely sure these rights are stated.