Amendment V of the United States Constitution
No person shall be held to
answer for a capital, or otherwise infamous crime, unless on a presentment or
indictment of a grand jury, except in cases arising in the land or naval forces,
or in the militia, when in actual service in time of war or public danger; nor
shall any person be subject for the same offense to be twice put in jeopardy of
life or limb; nor shall be compelled in any criminal case to be a witness against himself,
nor be deprived of life, liberty, or property, without due process of law; nor
shall private property be taken for public use, without just compensation.
Important point to remember-The Miranda decision
and warnings were the US Supreme Court's answer to Fifth Amendment
abuses by law enforcement. It does not
have anything to do with Fourth Amendment
search and seizure issues. This is why the Miranda Warnings do not need to be
given when a person is arrested, but not questioned. Police, attorneys, and even
judges get confused about this.
Miranda v.
Arizona 384 U.S. 436 (1966)
U.S. Supreme Court
Importance-
A typical Miranda Warning:
- You have the right to remain silent
- Anything you say can and will be used against you in a court of law.
- You have a right to talk to a lawyer and have him present with you while you are being questioned.
- If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning, if you wish one.
- If you decide to make a statement, you may stop at any time.
Waiver:- Do you understand each of these rights I have explained to you?
- Having these rights in mind, do you wish to talk to us now?
Counsel | Deception | Informant | Interview/Interrogation | Miranda Warning | Undercover Officer