What is the Miranda Warning?

Answer 1

The Miranda warning is:

You have the right to remain silent

Anything you say can and will be used against you in the court of law

You have the right to an attorney

If you cannot afford an attorney, one will be appointed to you, if you so desire

You can decide at any time to exercise these rights and not answer any questions.

Do you understand these rights that I have explained to you?

Having these rights in mind, do you wish to speak with me now?

The Miranda warning should be read to a suspect when that person is in custody and are being questioned about a crime. In Minnesota we use the simple formula of: Interview + Custody = Miranda

There is some interpretations about what custody actually means. To some custody can mean being placed under arrest. In other cases, the suspect may think they are in police custody if they are questioned at their home or on the street. If the person being questioned may interpret the police encounter as being in custody, officers should err on the side of caution and read the Miranda warning.

In most cases, reading a person their Miranda rights will reduce the likelihood of a good criminal case being tossed out by a Judge.

Answer 2

The full Miranda Warning is, "You are under arrest for ______. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney one will be provided for you."

When someone gets arrested the arresting officers must inform the person of their rights. Anything they say after the time of their arrest can be used in court proceedings. Most people won't talk until they have a lawyer to advise them on what to say.